defendant from asserting violation (New York) · Go Syfert
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defendant from asserting violation in New York

7 New York opinions name it 3 courts 1928–2015 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.

Followed or applied (2)

CaseFollowedCited
People v. Cottogreen
ny · 1998 · cited in 1 New York opinions naming this issue, 2015–2015
2 sentences

2015Grand jury testimony of an unavailable witness is not admissible as direct evidence against the defendant unless the defendant caused the witness’s unavailability through “violence, threats or chicanery,” thereby precluding the defendant from asserting a violation of his right of confrontation (People v Cotto, 92 NY2d 68, 75-76 [1998], citing People v Geraci, 85 NY2d 359, 366 [1995]).

2015Grand jury testimony of an unavailable witness is not admissible as direct evidence against the defendant unless the defendant caused the witness's unavailability through "violence, threats or chicanery," thereby precluding the defendant from asserting a violation of his right of confrontation (People v Cotto, 92 NY2d 68, 75-76 [1998], citing People v Geraci, 85 NY2d 359, 366 [1995]).

11
People v. Geracigreen
ny · 1995 · cited in 1 New York opinions naming this issue, 2015–2015
2 sentences

2015Grand jury testimony of an unavailable witness is not admissible as direct evidence against the defendant unless the defendant caused the witness’s unavailability through “violence, threats or chicanery,” thereby precluding the defendant from asserting a violation of his right of confrontation (People v Cotto, 92 NY2d 68, 75-76 [1998], citing People v Geraci, 85 NY2d 359, 366 [1995]).

2015Grand jury testimony of an unavailable witness is not admissible as direct evidence against the defendant unless the defendant caused the witness's unavailability through "violence, threats or chicanery," thereby precluding the defendant from asserting a violation of his right of confrontation (People v Cotto, 92 NY2d 68, 75-76 [1998], citing People v Geraci, 85 NY2d 359, 366 [1995]).

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 (6)

CaseCitedYears
Park Neurological Services P.C. v. GEICO Insurance neutral
nyappterm · 2004
1 sentence

2007P.C. v GEICO Ins., 4 Misc 3d 95 [App Term, 9th & 10th Jud Dists 2004] [defendant failed to set forth factual basis for alleged lack of medical necessity precluding the defendant from asserting such defense and mandating summary judgment for the plaintiff].) Based upon all of the foregoing, it is the holding of this court that, in accordance with the unambiguous language of 11 NYCRR 65-3.9 (a) and 65-3.8 (a) and (c), interest on overdue payments, those where there is less than full payment and no valid denial issued within 30 days of receipt of the claim, shall run from 30 days after receipt of

12007–2007
Wohlegmuth v. 560 Ocean Club green
njsuperctappdiv · 1997
2 sentences

2000The New Jersey courts have further indicated that the mere passage of time may be prejudicial to the rights of a plaintiff so as to estop the defendant from asserting the defense on the ground of laches (Wohlegmuth v 560 Ocean Club, supra, 302 NJ Super, at 314, 695 A2d, at 348-349 ).

2000The New Jersey courts have further indicated that the mere passage of time may be prejudicial to the rights of a plaintiff so as to estop the defendant from asserting the defense on the ground of laches (Wohlegmuth v 560 Ocean Club, supra, 302 NJ Super, at 314, 695 A2d, at 348-349 ).

12000–2000
Gross v. New York City Health & Hospitals Corp. green
nyappdiv · 1986
1 sentence

1995Corp., 122 AD2d 793 ).

11995–1995
Cranesville Block Co. v. Niagara Mohawk Power Corp. green
nyappdiv · 1991
1 sentence

1994In considering a motion to dismiss a complaint when the Statute of Limitations has run, a court may estop a defendant from asserting that defense when the defendant has by its conduct induced a party to postpone bringing suit on a known cause of action (Cranesville Block Co. v Niagara Mohawk Power Corp., 175 AD2d 444 ).

11994–1994
McNeil v. . the Tenth National Bank green
ny · 1871
1 sentence

1933Bank, 46 N. Y. 325 ; Moore v. Metropolitan Nat.

11933–1933
Barnard v. Simms neutral
nysupct · 1864
1 sentence

1928However, if it be assumed that the defendant having proven, without objection, the facts of its title, was entitled to assert it, then it follows that it must succeed, if succeed it does, upon the strength of its own title and not upon the weakness of the plaintiff’s claim, precisely as if the defendant were the plaintiff in an ejectment suit. “ If the defendant has a title he is bound to produce and prove it.” (Barnard v. Simms, 42 Barb. 304, at p. 308 .) “ The plaintiff, therefore, stood on possession.

11928–1928

Where else courts name it

MS 8 (1982–2021) NY 7 (1928–2015) OH 7 (1999–2014) NJ 6 (1908–2024) WA 5 (1980–2013) CA 4 (1963–2014) GA 3 (2006–2019) AL 3 (1912–2006) IL 2 (1981–1993) ID 2 (2019–2024) UT 2 (1950–1995) IN 2 (1921–1992) VA 2 (1992–2024) CT 2 (1967–1987) WV 2 (2013–2013)

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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