claim based violation (New York) · Go Syfert
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claim based violation in New York

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.

Followed or applied (8)

CaseFollowedCited
Colucci v. Equitable Life Assurance Society of United Statesgreen
nyappdiv · 1995 · cited in 2 New York opinions naming this issue, 2021–2021
2 sentences

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]).

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]).

22
Vital v. City of New Yorkgreen
nyappdiv · 2007 · cited in 2 New York opinions naming this issue, 2021–2021
2 sentences

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]).

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]).

22
Melfi v. Mount Sinai Hospitalgreen
nyappdiv · 2009 · cited in 2 New York opinions naming this issue, 2010–2013
2 sentences

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

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

22
Shipley v. City of New Yorkgreen
nyappdiv · 2010 · cited in 1 New York opinions naming this issue, 2013–2013
2 sentences

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

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.

11
Darcy v. . Presbyterian Hospitalgreen
ny · 1911 · cited in 1 New York opinions naming this issue, 2013–2013
1 sentence

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

11
Johnson v. State of New Yorkgreen
ny · 1975 · cited in 1 New York opinions naming this issue, 2013–2013
1 sentence

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

11
Buechel v. Baingreen
ny · 2001 · cited in 1 New York opinions naming this issue, 2008–2008
1 sentence

2008The 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.

11
Morris v. New York State Department of Taxation & Financegreen
ny · 1993 · cited in 1 New York opinions naming this issue, 2004–2004
1 sentence

2004Absent 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.

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
United States Ex Rel. Swafford v. Borgess Medical Center green
scotus · 2002
1 sentence

2008The 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.

12008–2008
King v. Smith green
scotus · 1968
1 sentence

1991In 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)]).

11991–1991
Rosado v. Wyman green
scotus · 1970
1 sentence

1991In 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)]).

11991–1991
Edelman v. Jordan green
scotus · 1974
1 sentence

1991In 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)]).

11991–1991
Martinez v. Perales green
ny · 1991
1 sentence

1991Importantly, 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 ).

11991–1991

Where else courts name it

IL 13 (1997–2025) CA 9 (1998–2025) NY 7 (1991–2021) ID 7 (1991–2007) FL 3 (2007–2017) GA 3 (2015–2024) OR 3 (1988–2021) MO 2 (1999–2009) NC 2 (2014–2014) MI 2 (1995–2015) TN 2 (1999–2017) NJ 2 (1996–1999) PA 2 (2005–2023) KS 2 (1982–2022)

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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