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7 New York opinions name it 4 courts 1931–2024 1 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 |
|---|---|---|
Matter of Kroll v. Clausengreen2 sentences2003Where a statute creates exceptions as to certain matters, inclusion of such exceptions should be considered to deny the existence of others not mentioned (McKinney’s Cons Laws of NY, Book 1, Statutes § 240; see Kroll v Clauson, 74 NYS2d 21 [1947], affd 272 App Div 1005 [1947], affd 297 NY 698 [1947]; Sportsmen’s Assn, for Firearms Educ. v Kane, 178 Misc 2d 185, 189 [1998], affd 266 AD2d 396 [1999]; Uribe v Merchants Bank, 91 NY2d 336 [1998]). 2003Where a statute creates exceptions as to certain matters, inclusion of such exceptions should be considered to deny the existence of others not mentioned (McKinney's Cons Laws of NY, Book 1, Statutes § 240; see Kroll v Clauson, 74 NYS2d 21 [1947], affd 272 App Div 1005 [1947], affd 297 NY 698 [1947]; Sportsmen's Assn. for Firearms Educ. v Kane, 178 Misc 2d 185, 189 [1998], affd 266 AD2d 396 [1999]; Uribe v Merchants Bank , 91 NY2d 336 [1998]). | 2 | 2 |
Sportsmen's Ass'n for Firearms Education, Inc. v. Kanegreen2 sentences2003Where a statute creates exceptions as to certain matters, inclusion of such exceptions should be considered to deny the existence of others not mentioned (McKinney’s Cons Laws of NY, Book 1, Statutes § 240; see Kroll v Clauson, 74 NYS2d 21 [1947], affd 272 App Div 1005 [1947], affd 297 NY 698 [1947]; Sportsmen’s Assn, for Firearms Educ. v Kane, 178 Misc 2d 185, 189 [1998], affd 266 AD2d 396 [1999]; Uribe v Merchants Bank, 91 NY2d 336 [1998]). 2003Where a statute creates exceptions as to certain matters, inclusion of such exceptions should be considered to deny the existence of others not mentioned (McKinney's Cons Laws of NY, Book 1, Statutes § 240; see Kroll v Clauson, 74 NYS2d 21 [1947], affd 272 App Div 1005 [1947], affd 297 NY 698 [1947]; Sportsmen's Assn. for Firearms Educ. v Kane, 178 Misc 2d 185, 189 [1998], affd 266 AD2d 396 [1999]; Uribe v Merchants Bank , 91 NY2d 336 [1998]). | 2 | 2 |
Bailey v. Joygreen1 sentence2020The specification that DOCCS shall oversee completion, discipline and removal from the program implies in the strongest sense that the omission of DOCCS' administrative eligibility regulation was intentional and not inadvertent ( see Kimmel v State of New York , 29 NY3d 386, 394 [2017]; Pajak v Pajak , 56 NY2d 394, 397 [1982]; Matter of Bailey v Joy , 11 Misc 3d 941, 945 [Sup Ct, Westchester County 2006]). | 1 | 1 |
Betty L. Kimmel v. State of New Yorkgreen1 sentence2020The specification that DOCCS shall oversee completion, discipline and removal from the program implies in the strongest sense that the omission of DOCCS' administrative eligibility regulation was intentional and not inadvertent ( see Kimmel v State of New York , 29 NY3d 386, 394 [2017]; Pajak v Pajak , 56 NY2d 394, 397 [1982]; Matter of Bailey v Joy , 11 Misc 3d 941, 945 [Sup Ct, Westchester County 2006]). | 1 | 1 |
Pajak v. Pajakgreen1 sentence2020The specification that DOCCS shall oversee completion, discipline and removal from the program implies in the strongest sense that the omission of DOCCS' administrative eligibility regulation was intentional and not inadvertent ( see Kimmel v State of New York , 29 NY3d 386, 394 [2017]; Pajak v Pajak , 56 NY2d 394, 397 [1982]; Matter of Bailey v Joy , 11 Misc 3d 941, 945 [Sup Ct, Westchester County 2006]). | 1 | 1 |
Brown v. New York State Racing & Wagering Boardgreen1 sentence2015Under the doctrine of expressio unius est exclusio alterius, the presence of exceptions in RPTL 727 (2), without inclusion of a property sale exception among them, must be inferentially construed as the legislature’s intent not to except from the three-year moratorium circumstances where property is sold to a new owner (see Trotta v Ollivier, 91 AD3d 8, 14 [2011]; Matter of Caspian Realty, Inc. v Zoning Bd. of Appeals of Town of Greenburgh, 68 AD3d 62, 71 [2009]; Matter of Brown v New York State Racing & Wagering Bd., 60 AD3d 107, 117 [2009]; Matter of Town of Eastchester v New York State Bd. | 1 | 1 |
Caspian Realty, Inc. v. Zoning Board of Appealsgreen1 sentence2015Under the doctrine of expressio unius est exclusio alterius, the presence of exceptions in RPTL 727 (2), without inclusion of a property sale exception among them, must be inferentially construed as the legislature’s intent not to except from the three-year moratorium circumstances where property is sold to a new owner (see Trotta v Ollivier, 91 AD3d 8, 14 [2011]; Matter of Caspian Realty, Inc. v Zoning Bd. of Appeals of Town of Greenburgh, 68 AD3d 62, 71 [2009]; Matter of Brown v New York State Racing & Wagering Bd., 60 AD3d 107, 117 [2009]; Matter of Town of Eastchester v New York State Bd. | 1 | 1 |
Trotta v. Olliviergreen1 sentence2015Under the doctrine of expressio unius est exclusio alterius, the presence of exceptions in RPTL 727 (2), without inclusion of a property sale exception among them, must be inferentially construed as the legislature’s intent not to except from the three-year moratorium circumstances where property is sold to a new owner (see Trotta v Ollivier, 91 AD3d 8, 14 [2011]; Matter of Caspian Realty, Inc. v Zoning Bd. of Appeals of Town of Greenburgh, 68 AD3d 62, 71 [2009]; Matter of Brown v New York State Racing & Wagering Bd., 60 AD3d 107, 117 [2009]; Matter of Town of Eastchester v New York State Bd. | 1 | 1 |
Town of Eastchester v. New York State Board of Real Property Servicesgreen1 sentence2015Servs., 23 AD3d 484, 485 [2005]; McKinney’s Cons Laws of NY, Book 1, Statutes §§ 114, 240). | 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 |
|---|---|---|
Uribe v. MERCHS. BANK OF NY
green
2 sentences2003Where a statute creates exceptions as to certain matters, inclusion of such exceptions should be considered to deny the existence of others not mentioned (McKinney’s Cons Laws of NY, Book 1, Statutes § 240; see Kroll v Clauson, 74 NYS2d 21 [1947], affd 272 App Div 1005 [1947], affd 297 NY 698 [1947]; Sportsmen’s Assn, for Firearms Educ. v Kane, 178 Misc 2d 185, 189 [1998], affd 266 AD2d 396 [1999]; Uribe v Merchants Bank, 91 NY2d 336 [1998]). 2003Where a statute creates exceptions as to certain matters, inclusion of such exceptions should be considered to deny the existence of others not mentioned (McKinney's Cons Laws of NY, Book 1, Statutes § 240; see Kroll v Clauson, 74 NYS2d 21 [1947], affd 272 App Div 1005 [1947], affd 297 NY 698 [1947]; Sportsmen's Assn. for Firearms Educ. v Kane, 178 Misc 2d 185, 189 [1998], affd 266 AD2d 396 [1999]; Uribe v Merchants Bank , 91 NY2d 336 [1998]). | 2 | 2003–2003 |
Sportsmen's Ass'n for Firearms Education, Inc. v. Kane
neutral
2 sentences2003Where a statute creates exceptions as to certain matters, inclusion of such exceptions should be considered to deny the existence of others not mentioned (McKinney’s Cons Laws of NY, Book 1, Statutes § 240; see Kroll v Clauson, 74 NYS2d 21 [1947], affd 272 App Div 1005 [1947], affd 297 NY 698 [1947]; Sportsmen’s Assn, for Firearms Educ. v Kane, 178 Misc 2d 185, 189 [1998], affd 266 AD2d 396 [1999]; Uribe v Merchants Bank, 91 NY2d 336 [1998]). 2003Where a statute creates exceptions as to certain matters, inclusion of such exceptions should be considered to deny the existence of others not mentioned (McKinney's Cons Laws of NY, Book 1, Statutes § 240; see Kroll v Clauson, 74 NYS2d 21 [1947], affd 272 App Div 1005 [1947], affd 297 NY 698 [1947]; Sportsmen's Assn. for Firearms Educ. v Kane, 178 Misc 2d 185, 189 [1998], affd 266 AD2d 396 [1999]; Uribe v Merchants Bank , 91 NY2d 336 [1998]). | 2 | 2003–2003 |
Cruz v. TD Bank, N.A.
green
2 sentences2024The doctrine of expressio unius est exclusio alterius "is typically used to limit the expansion of a right or exception—not as a basis for recognizing unexpressed rights by negative implication," id. (citation omitted), so, the Court of Appeals reasoned, it would be unusual to apply that doctrine as the appellants proposed. 2024More directly to the point, the Court of Appeals concluded that "if the legislature had intended to impose new liability on banks when they act as garnishees of the funds of judgment debtors, it would have said so in the statute." Id. | 1 | 2024–2024 |
Cavallaro v. Nassau County Board of Elections
neutral
1 sentence2003Moreover, under the doctrine of expressio unius est exclusio alterius, the absence of the subject matter at handthe power to establish boundaries for a ward systemfrom the list of specific exclusions enumerated in Municipal Home Rule Law §§ {** 2 Misc 3d at 885 }10 and 11 strongly indicates that such subject is one over which towns enjoy such power. | 1 | 2003–2003 |
Cipollone v. Liggett Group, Inc.
green
1 sentence1994Finally, under the doctrine of expressio unius est exclusio alterius, implied preemption is not applicable because of the existence of an express preemption provision (see, Cipollone v Liggett Group, 505 US —, —, 112 S Ct 2608, 2618 ; Public Health Trust v Lake Aircraft, supra, at 294-295; Cleveland v Piper Aircraft Corp., supra, at 1443-1444; O’Hern v Delta Airlines, supra, at 1266-1267) and, as for the claim of conflict preemption, for the reasons already stated we perceive no inconsistency between applicable New York and Federal law. | 1 | 1994–1994 |
Matter of Decker v. Pouvailsmith Corp.
green
1 sentence1931In a later case the court again pointed out that a proceeding under the Workmen’s Compensation Law is not a " special proceeding under the Civil Practice Act but a statutory proceeding having its own rules as to the running of the statute” (Matter of Decker v. Pouvailsmith Corp., 252 N. Y. 1 ). | 1 | 1931–1931 |
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.