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8 New York opinions name it 3 courts 1990–2025 1 in the last five years
The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Albunio v. City of New Yorkgreen1 sentence2025Executive Law § 296 [1] [e]; Albunio v City of New York , 16 NY3d 472, 479 [2011]), the amendment — particularly paragraphs 50 and 51, which seek to advance this theory — is palpably improper since it fails to meet the requirements of the first element of the test set forth in Matter of Clifton Park Apts., LLC v New York State Div. of Human Rights (41 NY3d at 331). | 1 | 1 |
Cilinger v. Arditi Realty Corp.green1 sentence2016Indus., Inc., 123 AD3d at 1103; Tucci v Starrett City, Inc., 97 AD3d at 813 ; Cilinger v Arditi Realty Corp., 77 AD3d 880, 883 [2010]). | 1 | 1 |
James v. Wormuthgreen1 sentence2016Further, the plaintiffs may not rely on the doctrine of res ipsa loquitur because they failed to satisfy the first element of the doctrine, namely, proof that the accident was “of a kind that ordinarily does not occur in the absence of someone’s negligence” (James v Wormuth, 21 NY3d 540, 546 [2013] [internal quotation marks omitted]; see Reed v Nouveau El. | 1 | 1 |
Peralta v. Vasquezgreen1 sentence2015Defendant did not satisfy the first element of the doctrine of judicial estoppel which is that “the party against whom it is asserted must have advanced an inconsistent position in a prior proceeding” (Peralta v Vasquez at 105). | 1 | 1 |
Barker v. Amorinigreen1 sentence2015Defendant also failed to establish that plaintiff made allegations in processing her uninsured motorist claim which were “sufficiently definite” and “clearly inconsistent” with her position in this action (see Barker v Amorini, 121 AD3d 823, 825 [2014]). | 1 | 1 |
Burry v. Madison Park Ownergreen1 sentence2014Sagi’s second counterclaim, for breach of fiduciary duty, was properly dismissed, because he failed to adequately allege the first element of the claim, i.e., the existence of a fiduciary relationship (see Burry v Madison Park Owner LLC, 84 AD3d 699, 699-700 [1st Dept 2011]). | 1 | 1 |
Forde v. Vornado Realty Trustgreen1 sentence2012In any event, NYE’s expert’s uncontroverted litany of reasons unrelated to negligence that an elevator might stop in a shaftway negates the first element of the doctrine (see Forde v Vornado Realty Trust, 89 AD3d 678, 680 [2011]). | 1 | 1 |
Santilli v. CHP, Inc.green1 sentence2010Next, plaintiff raised a fact question on the second element by asserting in her affidavit that if she had been fully informed of the side effects, she would not have consented to Howard receiving Risperdal (see Santilli v CHP, Inc., 274 AD2d 905, 907-908 [2000]). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Tucci v. Starrett City, Inc.
green
1 sentence2016Indus., Inc., 123 AD3d at 1103; Tucci v Starrett City, Inc., 97 AD3d at 813 ; Cilinger v Arditi Realty Corp., 77 AD3d 880, 883 [2010]). | 1 | 2016–2016 |
Howell v. New York Post Co.
green
1 sentence2006(See, Howell v New York Post Co., 81 NY2d 115 [1993].) The first element of a claim for intentional infliction of emotional distress, outrageous conduct, serves the functions of filtering out petty and trivial complaints that should not result in civil litigation and of assuring that the claim of severe emotional distress is real and not contrived simply for the purposes of supporting the litigation (id.). | 1 | 2006–2006 |
People v. Chachere
green
1 sentence1990(People v Chachere, 104 Misc 2d 521 , supra.) Giving the defendant the benefit of all inferences to be drawn from the testimony of the distinguished and knowledgeable witnesses, the defendants have not shown facts or circumstances to satisfy the first element of the defense of justification, that there existed an emergency or necessity that compelled defendants to commit criminal trespass. | 1 | 1990–1990 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.