express language rule (New York) · Go Syfert
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express language rule in New York

7 New York opinions name it 5 courts 1888–2011 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 (1)

CaseFollowedCited
Kristin R.H. v. Robert E.H.green
nyappdiv · 2008 · cited in 1 New York opinions naming this issue, 2011–2011
1 sentence

2011We reject plaintiffs further contention that the court erred in failing to make a “searching inquiry ... to ascertain whether [plaintiff] understood the dangers and disadvantages of self-representation” (Matter of Kristin R.H. v Robert E.H., 48 AD3d 1278, 1279 [2008]).

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 (7)

CaseCitedYears
LoFredo v. CMC Occupational Health Services, P. C. neutral
nyappterm · 2001
1 sentence

2002(LoFredo v CMC Occupational Health Servs., 189 Misc 2d 781 [App Term, 2d Dept 2001].) This court is compelled to adopt this holding and finds that CPLR 3404 does not apply to the case at bar.

12002–2002
In Re the Arbitration Between Western Union Telegraph Co. & American Communications Ass'n green
ny · 1949
1 sentence

1978Co. [ACA], 299 NY 177, 184 ; International Harvester Co. v Town of Ellery, 28 AD2d 1081 ; see Richardson, Evidence [10th ed], § 627).

11978–1978
International Harvester Co. v. Town of Ellery green
nyappdiv · 1967
1 sentence

1978Co. [ACA], 299 NY 177, 184 ; International Harvester Co. v Town of Ellery, 28 AD2d 1081 ; see Richardson, Evidence [10th ed], § 627).

11978–1978
Dumont v. Raymond neutral
nyappdiv · 1945
1 sentence

1955S. 2d 865, affd. 269 App. Div. 592 .) Any other determination is contrary to the express language of rule 114 of the Rules of Civil Practice.

11955–1955
Pape v. Red Cab Mutual Casualty Co. green
nyappterm · 1926
1 sentence

1935If there were any doubt in the matter, it is disposed of by the mandatory language of section 282-b of the statute in question which makes the indemnitor liable ‘ for the payment of any judgment recovered ’ against the principal.” ( 128 Misc, at p. 457 .) The provisions of the Insurance Law are as clear and as emphatic as those of the Vehicle and Traffic Law.

11935–1935
Dean v. Marshall green
nysupct · 1895
1 sentence

1926The latter, as is shown in Dean v. Marschall ( 90 Hun, 335, 338 ) is susceptible of two significations: “ One, which in a strict legal sense is its true meaning, viz., a determination of the rights of the parties after a trial, whether such is the subject of review or not; and the other, its colloquial use or signification, which makes it synonymous with decisive, or a judgment that cannot be appealed from and which is perfeqtly conclusive upon the matter adjudicated.” The express language of the clause in the policy would sedm to indicate that it was not intended to fix the insurer’s liabilit

11926–1926
In re Cant neutral
nysurct · 1886
1 sentence

1888In re Cant, 5 Dem.

11888–1888

Where else courts name it

TX 19 (1989–2021) CA 13 (1933–2025) NY 7 (1888–2011) IN 6 (2002–2024) IL 6 (1895–2009) FL 5 (1990–2013) IA 5 (1987–2023) OH 5 (1978–2017) OR 4 (2009–2013) CO 4 (1995–2012) WA 4 (1923–2021) MI 4 (1983–2003) MN 4 (1985–2019) MO 3 (1931–1990) KS 2 (1999–2010) NJ 2 (1964–2026) PA 2 (2016–2024) DC 2 (1981–1987) UT 2 (2020–2021) AZ 2 (2009–2010) WI 2 (1940–2005) KY 2 (2009–2017) WV 2 (2003–2003)

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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