theoretical standard (New York) · Go Syfert
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theoretical standard in New York

8 New York opinions name it 4 courts 1930–1998 0 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 (1)

CaseFollowedCited
Hanson v. Dencklagreen
scotus · 1958 · cited in 1 New York opinions naming this issue, 1973–1973
1 sentence

1973(Hanson v. Denckla, 357 U. S. 235, 253 [1958]; Longines-Wittnauer Watch Co. v. Barnes & Reinecke, supra, p. 458.) ” Therein defendant had sent one of its top employees, along with a regional sales representative who made several additional visits, into New York to placate some disgruntled customers.

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 (13)

CaseCitedYears
People ex rel. Four Park Avenue Corp. v. Lilly green
nyappdiv · 1942
2 sentences

1962Corp. v. Lilly, supra, p. 71 .) 11 [F]ew sales are made in accord with the theoretical standard of a willing buyer and a willing seller.

1962Corp. v. Lilly, supra, p. 71 .) “ [F]ew sales are made in accord with the theoretical standard of a willing buyer and a willing seller.

31962–1962
Aronson v. Lewis yellow
del · 1984
1 sentence

1998In fact, the Gagliardi court remarked that the theoretical exception alluded to in Aronson (supra), that some decisions may be so “ ‘egregious’ ” that liability for losses they cause may follow even in the absence of conflict of interest or improper motivation, has resulted in no money judgments against corporate officers or directors in Delaware (683 A2d, supra, at 1051-1052).

11998–1998
Leonard v. . Volz neutral
ny · 1922
1 sentence

1956(Leonard v. Volz, 190 App. Div. 748 , affd. 232 N. Y. 575 .) For whenever any cognizable right of a person is violated, though there be no substantial injury nor general nor consequential damages, the law requires that the right be declared and affirmed and disapproval of its violation significantly voiced through the form of an award of nominal damages.

11956–1956
Leonard v. Volz neutral
nyappdiv · 1920
1 sentence

1956(Leonard v. Volz, 190 App. Div. 748 , affd. 232 N. Y. 575 .) For whenever any cognizable right of a person is violated, though there be no substantial injury nor general nor consequential damages, the law requires that the right be declared and affirmed and disapproval of its violation significantly voiced through the form of an award of nominal damages.

11956–1956
In Re the Accounting of Brooklyn Trust Co. green
ny · 1925
1 sentence

1933(Frost v. Emanuel, 152 App. Div. 687 ; Matter of Seymour, 122 Misc. 343 ; affd. and modfd., 209 App. Div. 655 , and further modfd. and affd., 239 N. Y. 259 ; Matter of Suydam, 122 Misc. 340 ; Matter of Blumenthal, 124 id. 850; affd., 214 App. Div. 784 .) Here the daughter survived the testator by a little more than four years, and during that time received less than ten per cent of his estate.

11933–1933
Hollis v. . Drew Theological Seminary green
ny · 1884
1 sentence

1933(Hollis v. Drew Theological Seminary, 95 N. Y. 166 ; Matter of Durand, 194 id. 477.) But now there is no need for resorting to a theoretical standard when the actual duration of life is known.

11933–1933
In re Brooklyn Trust Co. green
nyappdiv · 1924
1 sentence

1933(Frost v. Emanuel, 152 App. Div. 687 ; Matter of Seymour, 122 Misc. 343 ; affd. and modfd., 209 App. Div. 655 , and further modfd. and affd., 239 N. Y. 259 ; Matter of Suydam, 122 Misc. 340 ; Matter of Blumenthal, 124 id. 850; affd., 214 App. Div. 784 .) Here the daughter survived the testator by a little more than four years, and during that time received less than ten per cent of his estate.

11933–1933
Eugene J. Busher Co. v. Alcor Realty Corp. neutral
nyappdiv · 1925
1 sentence

1933(Frost v. Emanuel, 152 App. Div. 687 ; Matter of Seymour, 122 Misc. 343 ; affd. and modfd., 209 App. Div. 655 , and further modfd. and affd., 239 N. Y. 259 ; Matter of Suydam, 122 Misc. 340 ; Matter of Blumenthal, 124 id. 850; affd., 214 App. Div. 784 .) Here the daughter survived the testator by a little more than four years, and during that time received less than ten per cent of his estate.

11933–1933
In re Bank of America green
nysurct · 1924
1 sentence

1933(Frost v. Emanuel, 152 App. Div. 687 ; Matter of Seymour, 122 Misc. 343 ; affd. and modfd., 209 App. Div. 655 , and further modfd. and affd., 239 N. Y. 259 ; Matter of Suydam, 122 Misc. 340 ; Matter of Blumenthal, 124 id. 850; affd., 214 App. Div. 784 .) Here the daughter survived the testator by a little more than four years, and during that time received less than ten per cent of his estate.

11933–1933
In re Brooklyn Trust Co. neutral
nysurct · 1924
1 sentence

1933(Frost v. Emanuel, 152 App. Div. 687 ; Matter of Seymour, 122 Misc. 343 ; affd. and modfd., 209 App. Div. 655 , and further modfd. and affd., 239 N. Y. 259 ; Matter of Suydam, 122 Misc. 340 ; Matter of Blumenthal, 124 id. 850; affd., 214 App. Div. 784 .) Here the daughter survived the testator by a little more than four years, and during that time received less than ten per cent of his estate.

11933–1933
Frost v. Emanuel green
nyappdiv · 1912
1 sentence

1933(Frost v. Emanuel, 152 App. Div. 687 ; Matter of Seymour, 122 Misc. 343 ; affd. and modfd., 209 App. Div. 655 , and further modfd. and affd., 239 N. Y. 259 ; Matter of Suydam, 122 Misc. 340 ; Matter of Blumenthal, 124 id. 850; affd., 214 App. Div. 784 .) Here the daughter survived the testator by a little more than four years, and during that time received less than ten per cent of his estate.

11933–1933
Matter of City of New York neutral
ny · 1928
1 sentence

1930Upon a prior appeal in this case ( 221 App. Div. 458 ; affd., 247 N. Y. 569 ) the question before the court was whether the plaintiff was entitled to consequential damage based upon the theoretical claim that the Park avenue lots were shortened to eighty feet, which did not square with the facts, since the plaintiff still had a depth of four hundred and five feet.

11930–1930
In re City of New York neutral
nyappdiv · 1927
1 sentence

1930Upon a prior appeal in this case ( 221 App. Div. 458 ; affd., 247 N. Y. 569 ) the question before the court was whether the plaintiff was entitled to consequential damage based upon the theoretical claim that the Park avenue lots were shortened to eighty feet, which did not square with the facts, since the plaintiff still had a depth of four hundred and five feet.

11930–1930

Where else courts name it

NY 8 (1930–1998) OR 6 (2013–2026) NJ 5 (1970–2021) CA 5 (1967–2025) WA 4 (2000–2004) IA 3 (1974–2003) MI 3 (2022–2022) PA 2 (1992–2015) ND 2 (1996–2001) CO 2 (2017–2024) UT 2 (1997–2020) TN 2 (2011–2012) WY 2 (1995–2002) VT 2 (2020–2020) OK 2 (1979–1979)

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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