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7 New York opinions name it 3 courts 1991–2021 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 |
|---|---|---|
Colucci v. Equitable Life Assurance Society of United Statesgreen2 sentences2021Socy. of U.S. , 218 AD2d 513, 514-515 [1st Dept 1995] [where the plaintiffslipped on food left on the floor of the work area he stated a claim based on a violation of Industrial Code § 23-1.7 (e); cf. Vital v City of New York , 43 AD3d 309, 310-311 [1st Dept 2007] [a transient sandwich wrapper on an exposed roof does not constitute an accumulation of debris under Industrial Code § 23-1.7 [e][2]). 2021Socy. of U.S. , 218 AD2d 513, 514-515 [1st Dept 1995] [where the plaintiffslipped on food left on the floor of the work area he stated a claim based on a violation of Industrial Code § 23-1.7 (e); cf. Vital v City of New York , 43 AD3d 309, 310-311 [1st Dept 2007] [a transient sandwich wrapper on an exposed roof does not constitute an accumulation of debris under Industrial Code § 23-1.7 [e][2]). | 2 | 2 |
Vital v. City of New Yorkgreen2 sentences2021Socy. of U.S. , 218 AD2d 513, 514-515 [1st Dept 1995] [where the plaintiffslipped on food left on the floor of the work area he stated a claim based on a violation of Industrial Code § 23-1.7 (e); cf. Vital v City of New York , 43 AD3d 309, 310-311 [1st Dept 2007] [a transient sandwich wrapper on an exposed roof does not constitute an accumulation of debris under Industrial Code § 23-1.7 [e][2]). 2021Socy. of U.S. , 218 AD2d 513, 514-515 [1st Dept 1995] [where the plaintiffslipped on food left on the floor of the work area he stated a claim based on a violation of Industrial Code § 23-1.7 (e); cf. Vital v City of New York , 43 AD3d 309, 310-311 [1st Dept 2007] [a transient sandwich wrapper on an exposed roof does not constitute an accumulation of debris under Industrial Code § 23-1.7 [e][2]). | 2 | 2 |
Melfi v. Mount Sinai Hospitalgreen2 sentences2013The common-law right of sepulcher gives a party thus entitled “the absolute right to the immediate possession of a decedent’s body for preservation and burial, and . . . damages will be awarded against any person who unlawfully interferes with that right or improperly deals with the decedent’s body.” (Melfi v Mount Sinai Hosp., 64 AD3d 26, 31 [1st Dept 2009]; see Darcy v Presbyterian Hosp. in City of N.Y., 202 NY 259 [1911].) A claim based on a violation of the right of sepulcher is designed to compensate the party “for the emotional suffering and mental anguish which they experience from the 2013The common-law right of sepulcher gives a party thus entitled “the absolute right to the immediate possession of a decedent’s body for preservation and burial, and . . . damages will be awarded against any person who unlawfully interferes with that right or improperly deals with the decedent’s body.” (Melfi v Mount Sinai Hosp., 64 AD3d 26, 31 [1st Dept 2009]; see Darcy v Presbyterian Hosp. in City of N.Y., 202 NY 259 [1911].) A claim based on a violation of the right of sepulcher is designed to compensate the party “for the emotional suffering and mental anguish which they experience from the | 2 | 2 |
Shipley v. City of New Yorkgreen2 sentences2013The common-law right of sepulcher gives a party thus entitled “the absolute right to the immediate possession of a decedent’s body for preservation and burial, and . . . damages will be awarded against any person who unlawfully interferes with that right or improperly deals with the decedent’s body.” (Melfi v Mount Sinai Hosp., 64 AD3d 26, 31 [1st Dept 2009]; see Darcy v Presbyterian Hosp. in City of N.Y., 202 NY 259 [1911].) A claim based on a violation of the right of sepulcher is designed to compensate the party “for the emotional suffering and mental anguish which they experience from the 2013(See Melfi, 64 AD3d 26 [2009]; Shipley, 80 AD3d 171 [2010].) This court finds that neither defendant Hospital nor plaintiffs have made a prima facie showing of entitlement to summary judgment as a matter of law as to plaintiffs’ common-law cause of action. | 1 | 1 |
Darcy v. . Presbyterian Hospitalgreen1 sentence2013The common-law right of sepulcher gives a party thus entitled “the absolute right to the immediate possession of a decedent’s body for preservation and burial, and . . . damages will be awarded against any person who unlawfully interferes with that right or improperly deals with the decedent’s body.” (Melfi v Mount Sinai Hosp., 64 AD3d 26, 31 [1st Dept 2009]; see Darcy v Presbyterian Hosp. in City of N.Y., 202 NY 259 [1911].) A claim based on a violation of the right of sepulcher is designed to compensate the party “for the emotional suffering and mental anguish which they experience from the | 1 | 1 |
Johnson v. State of New Yorkgreen1 sentence2013The common-law right of sepulcher gives a party thus entitled “the absolute right to the immediate possession of a decedent’s body for preservation and burial, and . . . damages will be awarded against any person who unlawfully interferes with that right or improperly deals with the decedent’s body.” (Melfi v Mount Sinai Hosp., 64 AD3d 26, 31 [1st Dept 2009]; see Darcy v Presbyterian Hosp. in City of N.Y., 202 NY 259 [1911].) A claim based on a violation of the right of sepulcher is designed to compensate the party “for the emotional suffering and mental anguish which they experience from the | 1 | 1 |
Buechel v. Baingreen1 sentence2008The defendant sustained its burden (see Buechel v Bain, 97 NY2d 295, 304 [2001], cert denied, 535 US 1096 [2002]; D’Arata v New York Cent. | 1 | 1 |
Morris v. New York State Department of Taxation & Financegreen1 sentence2004Absent any further basis in the record for us to conclude that Tolga Oil can be liable for the obligation that ROC seeks to impose, a claim based on the doctrine of piercing the corporate veil simply cannot lie (see Matter of Morris v New York State Dept. of Taxation & Fin., supra at 144; cf. Chase Manhattan Bank [Natl. | 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 |
|---|---|---|
United States Ex Rel. Swafford v. Borgess Medical Center
green
1 sentence2008The defendant sustained its burden (see Buechel v Bain, 97 NY2d 295, 304 [2001], cert denied, 535 US 1096 [2002]; D’Arata v New York Cent. | 1 | 2008–2008 |
King v. Smith
green
1 sentence1991In Thiboutot , section 1983 was held to encompass a claim based on a violation of the Federal Social Security Act, 42 USC § 602 (a) (7) (see also, Rosado v Wyman, 397 US 397 [violation of 42 USC § 602 (a) (23)]; King v Smith, 392 US 309 [violation of 42 USC § 602 (a) (former 9)]; Edelman v Jordan, 415 US 651, 675 ; Koster v Perales, 903 F2d 131 [violation of 42 USC § 602 (a) (3)]). | 1 | 1991–1991 |
Rosado v. Wyman
green
1 sentence1991In Thiboutot , section 1983 was held to encompass a claim based on a violation of the Federal Social Security Act, 42 USC § 602 (a) (7) (see also, Rosado v Wyman, 397 US 397 [violation of 42 USC § 602 (a) (23)]; King v Smith, 392 US 309 [violation of 42 USC § 602 (a) (former 9)]; Edelman v Jordan, 415 US 651, 675 ; Koster v Perales, 903 F2d 131 [violation of 42 USC § 602 (a) (3)]). | 1 | 1991–1991 |
Edelman v. Jordan
green
1 sentence1991In Thiboutot , section 1983 was held to encompass a claim based on a violation of the Federal Social Security Act, 42 USC § 602 (a) (7) (see also, Rosado v Wyman, 397 US 397 [violation of 42 USC § 602 (a) (23)]; King v Smith, 392 US 309 [violation of 42 USC § 602 (a) (former 9)]; Edelman v Jordan, 415 US 651, 675 ; Koster v Perales, 903 F2d 131 [violation of 42 USC § 602 (a) (3)]). | 1 | 1991–1991 |
Martinez v. Perales
green
1 sentence1991Importantly, this Court has recently concluded that violations of Federal regulatory provisions in the framework of out-of-court settlements can also support an award under section 1988 (Matter of Martinez v Perales, 77 NY2d 923, 925 ). | 1 | 1991–1991 |
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.