correctly claim (New York) · Go Syfert
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correctly claim in New York

7 New York opinions name it 2 courts 1928–2022 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 (5)

CaseFollowedCited
Sassower v. Finnertygreen
nyappdiv · 1983 · cited in 2 New York opinions naming this issue, 2022–2022
2 sentences

2022In any event, the court correctly held the claim is barred by the doctrine of judicial immunity, which "extends to all judges and encompasses all judicial acts, even if such acts are in excess of their jurisdiction and are alleged to have been done maliciously or corruptly" ( Sassower v Finnerty , 96 AD2d 585, 586 [2d Dept 1983], appeal dismissed 61 NY2d 756 , lv denied 61 NY2d 985 [1984]).

2022In any event, the court correctly held the claim is barred by the doctrine of judicial immunity, which "extends to all judges and encompasses all judicial acts, even if such acts are in excess of their jurisdiction and are alleged to have been done maliciously or corruptly" ( Sassower v Finnerty , 96 AD2d 585, 586 [2d Dept 1983], appeal dismissed 61 NY2d 756 , lv denied 61 NY2d 985 [1984]).

22
Micro-Link, LLC v. Town of Amherstgreen
nyappdiv · 2017 · cited in 1 New York opinions naming this issue, 2020–2020
1 sentence

2020Even assuming, arguendo, that the court correctly applied the doctrine of law of the case, we are "not bound by the doctrine of law of the case, and may make [our] own determinations" ( Micro-Link, LLC v Town of Amherst , 155 AD3d 1638, 1642 [4th Dept 2017] [internal quotation marks omitted]; see generally Martin v City of Cohoes, 37 NY2d 162, 165 [1975], rearg denied 37 NY2d 817 [1975]).

11
Martin v. City of Cohoesgreen
ny · 1975 · cited in 1 New York opinions naming this issue, 2020–2020
1 sentence

2020Even assuming, arguendo, that the court correctly applied the doctrine of law of the case, we are "not bound by the doctrine of law of the case, and may make [our] own determinations" ( Micro-Link, LLC v Town of Amherst , 155 AD3d 1638, 1642 [4th Dept 2017] [internal quotation marks omitted]; see generally Martin v City of Cohoes, 37 NY2d 162, 165 [1975], rearg denied 37 NY2d 817 [1975]).

11
People v. Browngreen
ny · 1993 · cited in 1 New York opinions naming this issue, 2015–2015
1 sentence

2015The court also correctly excluded a police Firearms Discharge/Assault Report, which contained an unelaborated reference to two prior shootings by the officer in question, because defendant only offered the report under a plainly meritless present-sense-impression theory ( see People v Brown, 80 NY2d 729, 732-733 [1993]).

11
Rainbow v. Swishergreen
ny · 1988 · cited in 1 New York opinions naming this issue, 2015–2015
1 sentence

2015Given the inapplicability of ERISA, the court correctly applied standard principles of contract interpretation to the stipulation, as it is a settlement agreement in a divorce action (Rainbow v Swisher, 72 NY2d 106, 109 [1988]).

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 (8)

CaseCitedYears
Montesano v. State green
nyappdiv · 2004
2 sentences

2022The State may not be held liable for the actions of a state-employed judge that are cloaked with judicial immunity ( Montesano v State of New York , 11 AD3d 436 [2d Dept 2004]).

2022The State may not be held liable for the actions of a state-employed judge that are cloaked with judicial immunity ( Montesano v State of New York , 11 AD3d 436 [2d Dept 2004]).

22022–2022
Sassower v. Finnerty neutral
ny · 1984
2 sentences

2022In any event, the court correctly held the claim is barred by the doctrine of judicial immunity, which "extends to all judges and encompasses all judicial acts, even if such acts are in excess of their jurisdiction and are alleged to have been done maliciously or corruptly" ( Sassower v Finnerty , 96 AD2d 585, 586 [2d Dept 1983], appeal dismissed 61 NY2d 756 , lv denied 61 NY2d 985 [1984]).

2022In any event, the court correctly held the claim is barred by the doctrine of judicial immunity, which "extends to all judges and encompasses all judicial acts, even if such acts are in excess of their jurisdiction and are alleged to have been done maliciously or corruptly" ( Sassower v Finnerty , 96 AD2d 585, 586 [2d Dept 1983], appeal dismissed 61 NY2d 756 , lv denied 61 NY2d 985 [1984]).

22022–2022
Leisner v. Bahou neutral
ny · 1984
2 sentences

2022In any event, the court correctly held the claim is barred by the doctrine of judicial immunity, which "extends to all judges and encompasses all judicial acts, even if such acts are in excess of their jurisdiction and are alleged to have been done maliciously or corruptly" ( Sassower v Finnerty , 96 AD2d 585, 586 [2d Dept 1983], appeal dismissed 61 NY2d 756 , lv denied 61 NY2d 985 [1984]).

2022In any event, the court correctly held the claim is barred by the doctrine of judicial immunity, which "extends to all judges and encompasses all judicial acts, even if such acts are in excess of their jurisdiction and are alleged to have been done maliciously or corruptly" ( Sassower v Finnerty , 96 AD2d 585, 586 [2d Dept 1983], appeal dismissed 61 NY2d 756 , lv denied 61 NY2d 985 [1984]).

22022–2022
People v. Antonetty green
nyappdiv · 2000
1 sentence

2015The court correctly precluded inquiry regarding the existence of a federal lawsuit in which the officer was one of the named defendants, because the mere existence of the lawsuit was not a proper subject for cross-examination (s ee People v Antonetty, 268 AD2d 254 [1st Dept 2000], lv denied 94 NY2d 945 [2000]).

12015–2015
Hyatt v. People Ex Rel. Corkran green
scotus · 1903
1 sentence

1931Hyatt v. Corkran, 188 U. S. 691 ; affirming the judgment of the New York Court of Appeals, 172 N. Y. 176 .

11931–1931
Munsey v. Clough green
scotus · 1905
1 sentence

1931While the latter correctly stated the rule, when applying it in that case, it Was pointed out that there Was a stipulation that the relator was not actually within the demanding State at the time of the commission of the crime charged and held that relator there “ showed without contradiction [i. e., conclusively] and upon conceded facts that he was not within the State of Tennessee at the times stated in the indictments [and therefore] * * * he was not a fugitive from justice within the meaning of the Federal statute upon that subject * * (Words in brackets mine.) Mr. Justice Peckham (who wro

11931–1931
People Ex Rel. Corkran v. . Hyatt green
ny · 1902
1 sentence

1931Hyatt v. Corkran, 188 U. S. 691 ; affirming the judgment of the New York Court of Appeals, 172 N. Y. 176 .

11931–1931
Ciancimino v. Man neutral
nyctcompl · 1892
1 sentence

1928In Ciancimino v. Man ( 1 Misc. 121 ) I think the court correctly stated the rule applicable to the present situation, as follows: “ Where, however, the particular case presents other features calling for relief, which are of equitable cognizance, and the trial of a disputed title to corporate office is only incidental thereto, the court may inquire into the legality of the election, and grant such relief as the special exigencies require.” If I am right in my conclusions, the judgment should be in favor of the plaintiffs for the relief demanded in the complaint, and judgment may be entered acc

11928–1928

Where else courts name it

MO 15 (1934–2024) CA 11 (1900–2021) NY 7 (1928–2022) TX 7 (1935–2013) MI 6 (1897–1976) LA 5 (1964–2011) FL 4 (1982–2018) IN 4 (1920–1980) IL 3 (1983–2007) WI 3 (2003–2022) AL 3 (1984–1995) CT 3 (1973–2005) PA 3 (1933–2025) KS 3 (1921–1989) DC 3 (1943–1982) OK 2 (1907–2013) MT 2 (1906–1929)

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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