Shop defendant (New York) · Go Syfert
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Shop defendant in New York

9 New York opinions name it 2 courts 1869–2023 3 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.

Followed or applied (13)

CaseFollowedCited
Kelly v. Safirgreen
ny · 2001 · cited in 2 New York opinions naming this issue, 2023–2023
2 sentences

2023As for petitioner's further challenge to the penalty imposed of revocation, "[a]n administrative penalty must be upheld unless it is so disproportionate to the offense, in the light of all the circumstances, as to be shocking to one's sense of fairness, thus constituting an abuse of discretion as a matter of law" ( Matter of Lewis v New York State Off. of Children & Family Servs. , 114 AD3d 1065 , 1067 [*4][3d Dept 2014] [internal quotation marks and citations omitted]; see Matter of Kelly v Safir , 96 NY2d 32, 38 [2001]; Matter of Patel v New York State Educ.

2023As for petitioner's further challenge to the penalty imposed of revocation, "[a]n administrative penalty must be upheld unless it is so disproportionate to the offense, in the light of all the circumstances, as to be shocking to one's sense of fairness, thus constituting an abuse of discretion as a matter of law" ( Matter of Lewis v New York State Off. of Children & Family Servs. , 114 AD3d 1065 , 1067 [*4][3d Dept 2014] [internal quotation marks and citations omitted]; see Matter of Kelly v Safir , 96 NY2d 32, 38 [2001]; Matter of Patel v New York State Educ.

22
Welch v. Hauckgreen
nyappdiv · 2005 · cited in 2 New York opinions naming this issue, 2013–2013
2 sentences

2013The plaintiffs had already submitted all of the pleadings in support of their own motion, and the Stop & Shop defendants expressly incorporated the exhibits already submitted by the plaintiffs into their cross motion (see Daramboukas v Samlidis, 84 AD3d 719, 721 [2011]; Carlson v Town of Mina, 31 AD3d 1176, 1177 [2006]; cf. Welch v Hauck, 18 AD3d 1096, 1098 [2005]; Gallagher v TDS Telecom, 280 AD2d 991, 991 [2001]).

2013The plaintiffs had already submitted all of the pleadings in support of their own motion, and the Stop & Shop defendants expressly incorporated the exhibits already submitted by the plaintiffs into their cross motion (see Daramboukas v Samlidis, 84 AD3d 719, 721 [2011]; Carlson v Town of Mina, 31 AD3d 1176, 1177 [2006]; cf. Welch v Hauck, 18 AD3d 1096, 1098 [2005]; Gallagher v TDS Telecom, 280 AD2d 991, 991 [2001]).

22
Carlson v. Town of Mina & Suit-Kote Corp.green
nyappdiv · 2006 · cited in 2 New York opinions naming this issue, 2013–2013
2 sentences

2013The plaintiffs had already submitted all of the pleadings in support of their own motion, and the Stop & Shop defendants expressly incorporated the exhibits already submitted by the plaintiffs into their cross motion (see Daramboukas v Samlidis, 84 AD3d 719, 721 [2011]; Carlson v Town of Mina, 31 AD3d 1176, 1177 [2006]; cf. Welch v Hauck, 18 AD3d 1096, 1098 [2005]; Gallagher v TDS Telecom, 280 AD2d 991, 991 [2001]).

2013The plaintiffs had already submitted all of the pleadings in support of their own motion, and the Stop & Shop defendants expressly incorporated the exhibits already submitted by the plaintiffs into their cross motion (see Daramboukas v Samlidis, 84 AD3d 719, 721 [2011]; Carlson v Town of Mina, 31 AD3d 1176, 1177 [2006]; cf. Welch v Hauck, 18 AD3d 1096, 1098 [2005]; Gallagher v TDS Telecom, 280 AD2d 991, 991 [2001]).

22
Daramboukas v. Samlidisgreen
nyappdiv · 2011 · cited in 2 New York opinions naming this issue, 2013–2013
2 sentences

2013The plaintiffs had already submitted all of the pleadings in support of their own motion, and the Stop & Shop defendants expressly incorporated the exhibits already submitted by the plaintiffs into their cross motion (see Daramboukas v Samlidis, 84 AD3d 719, 721 [2011]; Carlson v Town of Mina, 31 AD3d 1176, 1177 [2006]; cf. Welch v Hauck, 18 AD3d 1096, 1098 [2005]; Gallagher v TDS Telecom, 280 AD2d 991, 991 [2001]).

2013The plaintiffs had already submitted all of the pleadings in support of their own motion, and the Stop & Shop defendants expressly incorporated the exhibits already submitted by the plaintiffs into their cross motion (see Daramboukas v Samlidis, 84 AD3d 719, 721 [2011]; Carlson v Town of Mina, 31 AD3d 1176, 1177 [2006]; cf. Welch v Hauck, 18 AD3d 1096, 1098 [2005]; Gallagher v TDS Telecom, 280 AD2d 991, 991 [2001]).

22
Eversfield v. Brush Hollow Realty, LLCgreen
nyappdiv · 2012 · cited in 2 New York opinions naming this issue, 2013–2013
2 sentences

2013Assoc., 98 AD3d at 1093-1094; Rodriguez v BCRE 230 Riverdale, LLC, 91 AD3d 933, 935 [2012]; Eversfield v Brush Hollow Realty, LLC, 91 AD3d 814, 816 [2012]).

2013Assoc., 98 AD3d at 1093-1094; Rodriguez v BCRE 230 Riverdale, LLC, 91 AD3d 933, 935 [2012]; Eversfield v Brush Hollow Realty, LLC, 91 AD3d 814, 816 [2012]).

22
Rodriguez v. BCRE 230 Riverdale, LLCgreen
nyappdiv · 2012 · cited in 2 New York opinions naming this issue, 2013–2013
2 sentences

2013Assoc., 98 AD3d at 1093-1094; Rodriguez v BCRE 230 Riverdale, LLC, 91 AD3d 933, 935 [2012]; Eversfield v Brush Hollow Realty, LLC, 91 AD3d 814, 816 [2012]).

2013Assoc., 98 AD3d at 1093-1094; Rodriguez v BCRE 230 Riverdale, LLC, 91 AD3d 933, 935 [2012]; Eversfield v Brush Hollow Realty, LLC, 91 AD3d 814, 816 [2012]).

22
McLean v. 405 Webster Avenue Associatesgreen
nyappdiv · 2012 · cited in 2 New York opinions naming this issue, 2013–2013
2 sentences

2013Assoc., 98 AD3d at 1093-1094; Rodriguez v BCRE 230 Riverdale, LLC, 91 AD3d 933, 935 [2012]; Eversfield v Brush Hollow Realty, LLC, 91 AD3d 814, 816 [2012]).

2013Assoc., 98 AD3d at 1093-1094; Rodriguez v BCRE 230 Riverdale, LLC, 91 AD3d 933, 935 [2012]; Eversfield v Brush Hollow Realty, LLC, 91 AD3d 814, 816 [2012]).

22
Gallagher v. TDS Telecomgreen
nyappdiv · 2001 · cited in 2 New York opinions naming this issue, 2013–2013
2 sentences

2013The plaintiffs had already submitted all of the pleadings in support of their own motion, and the Stop & Shop defendants expressly incorporated the exhibits already submitted by the plaintiffs into their cross motion (see Daramboukas v Samlidis, 84 AD3d 719, 721 [2011]; Carlson v Town of Mina, 31 AD3d 1176, 1177 [2006]; cf. Welch v Hauck, 18 AD3d 1096, 1098 [2005]; Gallagher v TDS Telecom, 280 AD2d 991, 991 [2001]).

2013The plaintiffs had already submitted all of the pleadings in support of their own motion, and the Stop & Shop defendants expressly incorporated the exhibits already submitted by the plaintiffs into their cross motion (see Daramboukas v Samlidis, 84 AD3d 719, 721 [2011]; Carlson v Town of Mina, 31 AD3d 1176, 1177 [2006]; cf. Welch v Hauck, 18 AD3d 1096, 1098 [2005]; Gallagher v TDS Telecom, 280 AD2d 991, 991 [2001]).

22
Foley v. D'Agostinogreen
nyappdiv · 1964 · cited in 1 New York opinions naming this issue, 2011–2011
1 sentence

2011When a party moves to dismiss a complaint pursuant to CPLR 3211 (a) (7), the standard is whether the pleading states a cause of action (see Guggenheimer v Ginzburg, 43 NY2d 268, 275 [1977]; Foley v D’Agostino, 21 AD2d 60, 64-65 [1964]).

11
Elow v. Svenningsengreen
nyappdiv · 2009 · cited in 1 New York opinions naming this issue, 2011–2011
1 sentence

2011“A party seeking to dismiss pursuant to CPLR 3211 (a) (1) on the ground that its defense is based on documentary evidence must submit documentary evidence that resolves all factual issues as a matter of law and conclusively disposes of the plaintiff’s claim” (Elow v Svenningsen, 58 AD3d 674, 675 [2009]; see Leon v Martinez, 84 NY2d 83, 88 [1994]).

11
Leon v. Martinezgreen
ny · 1994 · cited in 1 New York opinions naming this issue, 2011–2011
1 sentence

2011“A party seeking to dismiss pursuant to CPLR 3211 (a) (1) on the ground that its defense is based on documentary evidence must submit documentary evidence that resolves all factual issues as a matter of law and conclusively disposes of the plaintiff’s claim” (Elow v Svenningsen, 58 AD3d 674, 675 [2009]; see Leon v Martinez, 84 NY2d 83, 88 [1994]).

11
Guggenheimer v. Ginzburggreen
ny · 1977 · cited in 1 New York opinions naming this issue, 2011–2011
1 sentence

2011When a party moves to dismiss a complaint pursuant to CPLR 3211 (a) (7), the standard is whether the pleading states a cause of action (see Guggenheimer v Ginzburg, 43 NY2d 268, 275 [1977]; Foley v D’Agostino, 21 AD2d 60, 64-65 [1964]).

11
Halperin v. City of New Rochellegreen
nyappdiv · 2005 · cited in 1 New York opinions naming this issue, 2008–2008
1 sentence

2008The Planning Board is not acting in a judicial or quasi-judicial capacity (see Matter of Sasso v Osgood, 86 NY2d 374 , 384 n 2 [1995]; Matter of Halperin v City of New Rochelle, 24 AD3d 768, 770 [2005]).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
Lewis v. New York State Office of Children & Family Services green
nyappdiv · 2014
2 sentences

2023As for petitioner's further challenge to the penalty imposed of revocation, "[a]n administrative penalty must be upheld unless it is so disproportionate to the offense, in the light of all the circumstances, as to be shocking to one's sense of fairness, thus constituting an abuse of discretion as a matter of law" ( Matter of Lewis v New York State Off. of Children & Family Servs. , 114 AD3d 1065 , 1067 [*4][3d Dept 2014] [internal quotation marks and citations omitted]; see Matter of Kelly v Safir , 96 NY2d 32, 38 [2001]; Matter of Patel v New York State Educ.

2023As for petitioner's further challenge to the penalty imposed of revocation, "[a]n administrative penalty must be upheld unless it is so disproportionate to the offense, in the light of all the circumstances, as to be shocking to one's sense of fairness, thus constituting an abuse of discretion as a matter of law" ( Matter of Lewis v New York State Off. of Children & Family Servs. , 114 AD3d 1065 , 1067 [*4][3d Dept 2014] [internal quotation marks and citations omitted]; see Matter of Kelly v Safir , 96 NY2d 32, 38 [2001]; Matter of Patel v New York State Educ.

22023–2023
Millman v. Citibank, N.A. green
nyappdiv · 1995
1 sentence

2022"As a general rule, liability for a dangerous condition on property is predicated upon ownership, occupancy, control, or special use of the property" ( Millman v Citibank , 216 AD2d 278, 278 ; see Guzman v Jamaica Hosp.

12022–2022
MATTER OF SASSO v. Osgood green
ny · 1995
1 sentence

2008The Planning Board is not acting in a judicial or quasi-judicial capacity (see Matter of Sasso v Osgood, 86 NY2d 374 , 384 n 2 [1995]; Matter of Halperin v City of New Rochelle, 24 AD3d 768, 770 [2005]).

12008–2008
Vosburgh v. Thayer neutral
nysupct · 1815
1 sentence

1935It is provided in section 374-a of the Civil Practice Act (Laws of 1928, chap. 532) that “ All other circumstances of the making of such writing or record, including lack of personal knowledge by the entrant or maker, may be shown to affect its weight, but shall not affect its admissibility.” By statute the old shop rule of Vosburgh v. Thayer ( 12 Johns. 461 ) has given way .to less stringent requirements.

11935–1935
Benedict v. Hart neutral
mass · 1848
1 sentence

1869(Benedict v. Hart, 1 Cush., 487 .) The constructive possession follows the legal title, or title deeds, and does not attach to one who is out of possession, and without title.

11869–1869

Where else courts name it

NY 9 (1869–2023) FL 3 (1984–2006) PA 2 (1982–2000) RI 2 (1969–2023) NE 2 (1988–1995)

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.

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