8 New York opinions name it 3 courts 2002–2024 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 |
|---|---|---|
Ferencik v. Board of Education of Amityville Union Free School Districtgreen2 sentences2017School Dist., 292 AD2d 772, 773 [2002]; see also Matter of Ferencik v Board of Educ. of Amityville Union Free School Dist., 69 AD3d 938, 938 [2010]; Matter of Donato v Board of Educ. of Plainview, Old Bethpage Cent. 2017School Dist., 292 AD2d 772, 773 [2002]; see also Matter of Ferencik v Board of Educ. of Amityville Union Free School Dist., 69 AD3d 938, 938 [2010]; Matter of Donato v Board of Educ. of Plainview, Old Bethpage Cent. | 2 | 2 |
DiTanna v. Board of Education of Ellicottville Central School Districtgreen2 sentences2017School Dist., 292 AD2d 772, 773 [2002]; see also Matter of Ferencik v Board of Educ. of Amityville Union Free School Dist., 69 AD3d 938, 938 [2010]; Matter of Donato v Board of Educ. of Plainview, Old Bethpage Cent. 2017School Dist., 292 AD2d 772, 773 [2002]; see also Matter of Ferencik v Board of Educ. of Amityville Union Free School Dist., 69 AD3d 938, 938 [2010]; Matter of Donato v Board of Educ. of Plainview, Old Bethpage Cent. | 2 | 2 |
Flacke v. Onondaga Landfill Systems, Inc.green2 sentences2013The respondents moved to dismiss the petition based upon the doctrine of primary jurisdiction (see generally Flacke v Onondaga Landfill Sys., 69 NY2d 355, 362 [1987]). 2013The respondents moved to dismiss the petition based upon the doctrine of primary jurisdiction (see generally Flacke v Onondaga Landfill Sys., 69 NY2d 355, 362 [1987]). | 2 | 2 |
Fry v. Village of Tarrytowngreen1 sentence2011“The question of subject matter jurisdiction is a question of judicial power: whether the court has the power, conferred by the Constitution or statute, to entertain the case before it” (Matter of Fry v Village of Tarrytown, 89 NY2d 714, 718 [1997]; see also Thrasher v United States Liab. | 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 |
|---|---|---|
Deutsche Bank Natl. Trust Co. v. Spanos
green
1 sentence2024Trust Co. v Spanos , 180 AD3d 997 [2020]; Alvarez v Jawaid , 163 AD3d 746 , 748 [2018]); and it is further, ORDERED that so much of the appeal as is from the portion of the order dated October 6, 2023 which denied the branches of tenant's motion seeking to resettle the June 6, 2023 order and for leave to renew her prior motions and opposition to landlord's prior cross-motion is dismissed as moot. | 1 | 2024–2024 |
Town of Mount Pleasant v. Legion of Christ, Inc.
neutral
1 sentence2005Since the appellants did not have the opportunity to oppose the newly-raised claim in a surreply, it was improper for the court to grant the petition based upon that claim (see Johnston v Continental Broker-Dealer Corp., 287 AD2d 546 [2001]; Tobias v Manginelli, 266 AD2d 532 [1999]). | 1 | 2005–2005 |
Jusino v. Gallagher
neutral
1 sentence2005Since the appellants did not have the opportunity to oppose the newly-raised claim in a surreply, it was improper for the court to grant the petition based upon that claim (see Johnston v Continental Broker-Dealer Corp., 287 AD2d 546 [2001]; Tobias v Manginelli, 266 AD2d 532 [1999]). | 1 | 2005–2005 |
Hessney v. Board of Education of Public Schools of Tarrytowns
green
1 sentence2002Supreme Court properly dismissed the petition based upon the doctrine of primary jurisdiction (see, Matter of Donato v Board of Educ., 286 AD2d 388 ; Matter of Hessney v Board of Educ., 228 AD2d 954, 955 , lv denied 89 NY2d 801 ; see also, Matter of Langston v Iroquois Cent. | 1 | 2002–2002 |
In re Donato v. Board of Education
green
1 sentence2002Supreme Court properly dismissed the petition based upon the doctrine of primary jurisdiction (see, Matter of Donato v Board of Educ., 286 AD2d 388 ; Matter of Hessney v Board of Educ., 228 AD2d 954, 955 , lv denied 89 NY2d 801 ; see also, Matter of Langston v Iroquois Cent. | 1 | 2002–2002 |
Langston v. Iroquois Central School District
green
1 sentence2002School Dist., 291 AD2d 845 ). | 1 | 2002–2002 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.