Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
7 New York opinions name it 4 courts 1944–2002 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.
| Case | Followed | Cited |
|---|---|---|
Sherman v. Richmond Hose Co. No. 2green1 sentence1986B The common-law cy pres doctrine, or "ancient doctrine of approximation” as it has been termed (Greenfield, Practice Commentary, McKinney’s Cons Laws of NY, Book 17B, EPTL 8-1.1, 1986 Cum Ann Pocket Part, p 175; see, Williams v Williams, 8 NY 525 ), embodies the English concept that when a donor parts with his property for a charitable purpose it shall be forever devoted to that purpose, whether or not the particular donee continues to exist (Sherman v Richmond Hose Co., 230 NY 462 ). | 1 | 1 |
In re the Estate of Goehringergreen1 sentence1986If the donee ceases to exist, the property may be devoted to a kindred charity; one that is, "as near as may be” to the charity contemplated by the donor (id.; see also, Matter of Goehringer, 69 Misc 2d 145, 146-147 ; Restatement [Second] of Trusts § 399 comment a, at 297-298). | 1 | 1 |
Williams v. . Williamsgreen1 sentence1986B The common-law cy pres doctrine, or "ancient doctrine of approximation” as it has been termed (Greenfield, Practice Commentary, McKinney’s Cons Laws of NY, Book 17B, EPTL 8-1.1, 1986 Cum Ann Pocket Part, p 175; see, Williams v Williams, 8 NY 525 ), embodies the English concept that when a donor parts with his property for a charitable purpose it shall be forever devoted to that purpose, whether or not the particular donee continues to exist (Sherman v Richmond Hose Co., 230 NY 462 ). | 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 |
|---|---|---|
Lutheran Hospital of Manhattan v. Goldstein
neutral
2 sentences1970(Camp v. Presbyterian Soc. of Sackets Harbor, 105 Misc. 139 ; Stevens v. Smith, 134 Me. 175 ; Thatcher v. Lewis, 335 Mo. 1130 ; Matter of Milne, 230 La. 729 .) In Lutheran Hosp. of Manhattan v. Goldstein ( 182 Misc. 913, 917 ) the court said: “ It is well-established law that cy pres is a doctrine of approximation; that it is basically a rule of judicial construction; that its design and purpose are to aid the court to ascertain and carry out, as nearly as may be, the intention of the donor.” This court does, therefore, find, determine and conclude that the'word “ orphans ” as used by the dece 1958In Lutheran Hosp. v. Goldstein ( 182 Misc. 913 ), it was held that cy pres should not be carried to such an extent that the deviation will destroy the testamentary intention; that it is a doctrine of approximation; is basically a rule of judicial construction; its design and purpose is to aid the court to ascertain and carry out as nearly as may be, the intention of the donor. | 3 | 1956–1970 |
People v. Cassidy
green
1 sentence2002The merger doctrine precludes conviction for kidnapping based on acts which are “so much the part of another substantive crime that the substantive crime could not have been committed without such acts and that independent criminal responsibility may not fairly be attributed to them.” (People v Gonzalez, supra, 80 NY2d 146, 153 , quoting People v Cassidy, 40 NY2d 763, 767 ; see also, People v Cain, 76 NY2d. 119, 125.) Thus, where the abduction and underlying crime are discrete, a kidnapping conviction will be sustained. | 1 | 2002–2002 |
People v. Warren
green
1 sentence2002(See, People v Bracey, 41 NY2d 296 , 300; People v Warren, 66 NY2d 831, 832 ; see also, Penal Law § 110.00.) Finally, it should be noted, defendant declined, for strategic reasons, to present a defense of intoxication and should therefore not be permitted to raise the approximation of such a defense on appeal. 2 Nor is there any merit to defendant’s argument that the merger doctrine mandates dismissal of the conviction for attempted kidnapping. | 1 | 2002–2002 |
People v. Gonzalez
green
2 sentences2002The merger doctrine precludes conviction for kidnapping based on acts which are “so much the part of another substantive crime that the substantive crime could not have been committed without such acts and that independent criminal responsibility may not fairly be attributed to them.” (People v Gonzalez, supra, 80 NY2d 146, 153 , quoting People v Cassidy, 40 NY2d 763, 767 ; see also, People v Cain, 76 NY2d. 119, 125.) Thus, where the abduction and underlying crime are discrete, a kidnapping conviction will be sustained. 2002The merger doctrine precludes conviction for kidnapping based on acts which are “so much the part of another substantive crime that the substantive crime could not have been committed without such acts and that independent criminal responsibility may not fairly be attributed to them.” (People v Gonzalez, supra, 80 NY2d 146, 153 , quoting People v Cassidy, 40 NY2d 763, 767 ; see also, People v Cain, 76 NY2d. 119, 125.) Thus, where the abduction and underlying crime are discrete, a kidnapping conviction will be sustained. | 1 | 2002–2002 |
In Re Multiple Sclerosis Service Organization of New York, Inc.
green
1 sentence1991Org., 68 NY2d 32, 41 ). | 1 | 1991–1991 |
Camp v. Presbyterian Society of Sackets Harbor
green
1 sentence1970(Camp v. Presbyterian Soc. of Sackets Harbor, 105 Misc. 139 ; Stevens v. Smith, 134 Me. 175 ; Thatcher v. Lewis, 335 Mo. 1130 ; Matter of Milne, 230 La. 729 .) In Lutheran Hosp. of Manhattan v. Goldstein ( 182 Misc. 913, 917 ) the court said: “ It is well-established law that cy pres is a doctrine of approximation; that it is basically a rule of judicial construction; that its design and purpose are to aid the court to ascertain and carry out, as nearly as may be, the intention of the donor.” This court does, therefore, find, determine and conclude that the'word “ orphans ” as used by the dece | 1 | 1970–1970 |
Thatcher v. St. Louis
green
1 sentence1970(Camp v. Presbyterian Soc. of Sackets Harbor, 105 Misc. 139 ; Stevens v. Smith, 134 Me. 175 ; Thatcher v. Lewis, 335 Mo. 1130 ; Matter of Milne, 230 La. 729 .) In Lutheran Hosp. of Manhattan v. Goldstein ( 182 Misc. 913, 917 ) the court said: “ It is well-established law that cy pres is a doctrine of approximation; that it is basically a rule of judicial construction; that its design and purpose are to aid the court to ascertain and carry out, as nearly as may be, the intention of the donor.” This court does, therefore, find, determine and conclude that the'word “ orphans ” as used by the dece | 1 | 1970–1970 |
In Re Succession of Milne
green
1 sentence1970(Camp v. Presbyterian Soc. of Sackets Harbor, 105 Misc. 139 ; Stevens v. Smith, 134 Me. 175 ; Thatcher v. Lewis, 335 Mo. 1130 ; Matter of Milne, 230 La. 729 .) In Lutheran Hosp. of Manhattan v. Goldstein ( 182 Misc. 913, 917 ) the court said: “ It is well-established law that cy pres is a doctrine of approximation; that it is basically a rule of judicial construction; that its design and purpose are to aid the court to ascertain and carry out, as nearly as may be, the intention of the donor.” This court does, therefore, find, determine and conclude that the'word “ orphans ” as used by the dece | 1 | 1970–1970 |
Stevens v. Smith
neutral
1 sentence1970(Camp v. Presbyterian Soc. of Sackets Harbor, 105 Misc. 139 ; Stevens v. Smith, 134 Me. 175 ; Thatcher v. Lewis, 335 Mo. 1130 ; Matter of Milne, 230 La. 729 .) In Lutheran Hosp. of Manhattan v. Goldstein ( 182 Misc. 913, 917 ) the court said: “ It is well-established law that cy pres is a doctrine of approximation; that it is basically a rule of judicial construction; that its design and purpose are to aid the court to ascertain and carry out, as nearly as may be, the intention of the donor.” This court does, therefore, find, determine and conclude that the'word “ orphans ” as used by the dece | 1 | 1970–1970 |
In re the Estate Meyers
neutral
1 sentence1944Guild for Jewish Blind, 252 App. Div. 493 ; Matter of Meyers, 166 Misc. 712 .) It is well-established law that cy pres is a doctrine of approximation ; that it is basically a rule of judicial construction; that its design and purpose are to aid the court to ascertain and carry out, as nearly as may be, the intention of the donor. “ The cy pres doctrine can properly be applied only where it is or has become impossible beneficially to apply the property left by. the founder or donor in the exact way in which he has dictated it to be applied, and it can only be applied beneficially to similar pur | 1 | 1944–1944 |
Prudential Insurance Co. of America v. New York Guild for the Jewish Blind
neutral
1 sentence1944Guild for Jewish Blind, 252 App. Div. 493 ; Matter of Meyers, 166 Misc. 712 .) It is well-established law that cy pres is a doctrine of approximation ; that it is basically a rule of judicial construction; that its design and purpose are to aid the court to ascertain and carry out, as nearly as may be, the intention of the donor. “ The cy pres doctrine can properly be applied only where it is or has become impossible beneficially to apply the property left by. the founder or donor in the exact way in which he has dictated it to be applied, and it can only be applied beneficially to similar pur | 1 | 1944–1944 |
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.