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8 New York opinions name it 4 courts 1894–2024 2 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 |
|---|---|---|
People v. Garsongreen2 sentences2024The EDTPA was repealed less than a year after it was enacted, and there is clear indication, as stated in the [*2]legislative debate on the bill and the commentary (including the affidavit presented of Member of Assembly Ron Kim, one of the sponsors of the bill) that the repeal was to be "retroactively applied to the unfair immunity bill so as to afford nursing home residents and their families their day in court." Further, the plain language of the statute must be interpreted in a manner "so as to avoid an unreasonable or absurd application of the law" ( People v Garson , 6 NY3d 604, 614 [201 2024The EDTPA was repealed less than a year after it was enacted, and there is clear indication, as stated in the [*2]legislative debate on the bill and the commentary (including the affidavit presented of Member of Assembly Ron Kim, one of the sponsors of the bill) that the repeal was to be "retroactively applied to the unfair immunity bill so as to afford nursing home residents and their families their day in court." Further, the plain language of the statute must be interpreted in a manner "so as to avoid an unreasonable or absurd application of the law" ( People v Garson , 6 NY3d 604, 614 [201 | 2 | 2 |
| Case | Negative | Cited |
|---|---|---|
Borkowski v. Borkowskigreen1 sentence1991Despite the very limited extent of the monetary penalty authorized under section 2601, and notwithstanding that unfair claim settlement practices are expressly stated not to be crimes, we accept the premise of the defendant-insurers here, and indeed consider it to be virtually self-evident, that section 2601, with its references to "bad faith” and a "general business practice”, was intended to prohibit the type of wrongdoing for which punitive damages have been traditionally awarded in a fraud case, as well as wrongdoing that is less egregious. 2 The leading case setting forth the standard for | 1 | 1 |
| Case | Cited | Years |
|---|---|---|
MATTER OF ROTHFUSS v. Thomas
green
1 sentence2008Petitioner’s cross appeal is meritless, as the proper remedy for an unfair hearing is not release but a remand for a new hearing (Matter of Quartararo v New York State Div. of Parole, 224 AD2d 266 [1996], lv denied 88 NY2d 805 [1996]; cf. Matter of Siao-Pao v Travis, 5 AD3d 150 [2004], lv denied 3 NY3d 603 [2004] [new hearing is the only relief petitioner could have received in the event of a successful appeal from denial of parole]). | 1 | 2008–2008 |
Ayala v. Kaestner
green
1 sentence2008Petitioner’s cross appeal is meritless, as the proper remedy for an unfair hearing is not release but a remand for a new hearing (Matter of Quartararo v New York State Div. of Parole, 224 AD2d 266 [1996], lv denied 88 NY2d 805 [1996]; cf. Matter of Siao-Pao v Travis, 5 AD3d 150 [2004], lv denied 3 NY3d 603 [2004] [new hearing is the only relief petitioner could have received in the event of a successful appeal from denial of parole]). | 1 | 2008–2008 |
People v. Garcia
green
1 sentence2008Petitioner’s cross appeal is meritless, as the proper remedy for an unfair hearing is not release but a remand for a new hearing (Matter of Quartararo v New York State Div. of Parole, 224 AD2d 266 [1996], lv denied 88 NY2d 805 [1996]; cf. Matter of Siao-Pao v Travis, 5 AD3d 150 [2004], lv denied 3 NY3d 603 [2004] [new hearing is the only relief petitioner could have received in the event of a successful appeal from denial of parole]). | 1 | 2008–2008 |
Metropolitan Property & Casualty Insurance v. Mancuso
green
1 sentence2001With respect to the tolling provision, Judge Rosenblatt stated: “The availability of this remedy may be taken as a relevant factor in evaluating the timeliness of an insured’s notice of claim” ( 93 NY2d at 495-496 ). | 1 | 2001–2001 |
People v. Vargas
green
1 sentence1994Finally, the IAS Court did not abuse its discretion in denying plaintiffs cross motion seeking leave to amend the complaint to add a cause of action for deprivation of property without due process premised upon 42 USC § 1983 , where, as here, plaintiffs conclusory allegations in the complaint are insufficient to establish that the alleged violations of fair claims practices were committed under "color of State law” and that the defendant exercised powers that are traditionally the exclusive prerogative of the State (Miriam P. v City of New York, 163 AD2d 39, 41 , lv denied sub nom. | 1 | 1994–1994 |
Dano v. Royal Globe Insurance
green
1 sentence1994Co., 59 NY2d 827, 829 ), nor alleged that the unfair claim settlement practices complained of were without just cause and were performed with such frequency as to indicate a general business practice, as is specifically required to constitute a violation of Insurance Law § 2601. | 1 | 1994–1994 |
Roldan v. Allstate Insurance
green
1 sentence1991IAS, on constraint of Roldan ( 149 AD2d 20 , supra), dismissed the action on the ground that the claim for punitive damages is preempted by section 2601. | 1 | 1991–1991 |
Walker v. Sheldon
green
1 sentence1991Despite the very limited extent of the monetary penalty authorized under section 2601, and notwithstanding that unfair claim settlement practices are expressly stated not to be crimes, we accept the premise of the defendant-insurers here, and indeed consider it to be virtually self-evident, that section 2601, with its references to "bad faith” and a "general business practice”, was intended to prohibit the type of wrongdoing for which punitive damages have been traditionally awarded in a fraud case, as well as wrongdoing that is less egregious. 2 The leading case setting forth the standard for | 1 | 1991–1991 |
Kent Centre Associates v. Greater New York Mutual Insurance
neutral
1 sentence1989Co. ( 139 AD2d 630 ), this court affirmed the dismissal of a cause of action in which the plaintiff sought to impose punitive damages based on the defendant insurer’s alleged unfair claim settlement practices "with regard to the plaintiff’s claim and the claims of other insureds”. | 1 | 1989–1989 |
Hubbell v. . City of Yonkers
green
2 sentences1894(Hubbell v. City of Yonkers, 104 N. Y. 434 ; Glasier v. Town of Hebron, 131 id. 447 ; Moak v. Town of New Utrecht, 104 id. 552 ; Clapper v. Town of Waterford, 131 id. 382; Wilson v. Town of Granby, 47 Conn. 59 .) The remarks of Judge Peckham in the case of Hubbell v. City of Yonkers (supra) apply with great force to the facts disclosed by this record. “ That which never happened before, and which in its character is such as not to naturally occur to prudent men to guard against its happening at all, cannot, when in the course of years it does happen, furnish good ground for a charge of neglige 1894(Hubbell v. City of Yonkers, 104 N. Y. 434 ; Glasier v. Town of Hebron, 131 id. 447 ; Moak v. Town of New Utrecht, 104 id. 552 ; Clapper v. Town of Waterford, 131 id. 382; Wilson v. Town of Granby, 47 Conn. 59 .) The remarks of Judge Peckham in the case of Hubbell v. City of Yonkers (supra) apply with great force to the facts disclosed by this record. “ That which never happened before, and which in its character is such as not to naturally occur to prudent men to guard against its happening at all, cannot, when in the course of years it does happen, furnish good ground for a charge of neglige | 1 | 1894–1894 |
Wilson v. Town of Granby
green
1 sentence1894(Hubbell v. City of Yonkers, 104 N. Y. 434 ; Glasier v. Town of Hebron, 131 id. 447 ; Moak v. Town of New Utrecht, 104 id. 552 ; Clapper v. Town of Waterford, 131 id. 382; Wilson v. Town of Granby, 47 Conn. 59 .) The remarks of Judge Peckham in the case of Hubbell v. City of Yonkers (supra) apply with great force to the facts disclosed by this record. “ That which never happened before, and which in its character is such as not to naturally occur to prudent men to guard against its happening at all, cannot, when in the course of years it does happen, furnish good ground for a charge of neglige | 1 | 1894–1894 |
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.
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.