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7 New York opinions name it 2 courts 1998–2018 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.
| Case | Followed | Cited |
|---|---|---|
UBS Securities LLC v. Highland Capital Management, L.P.green1 sentence2018In a prior order in this case, we dismissed, on res judicata grounds, the fraudulent conveyance and breach of implied covenant causes of action, as against one defendant, solely to the extent that they relied on conduct pre-dating the February 24, 2009 commencement of the prior action ( 86 AD3d 469, 469 [1st Dept 2011]. | 1 | 1 |
Board of Education v. Sargent, Webster, Crenshaw & Folleygreen1 sentence1998The claim for contribution was properly dismissed on the ground that the only damages alleged by the tenants are for economic loss resulting from a breach of contract (CPLR 1401; see, Board of Educ. v Sargent, Webster, Crenshaw & Folley, 71 NY2d 21, 26 ), i.e., the warranty of habitability under Real Property Law § 235-b. | 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 |
|---|---|---|
Bailey v. Islam
green
2 sentences2013Defendant established prima facie absence of a serious injury by submitting the affirmed report of his orthopedist, who examined plaintiff 272 years after the accident and found full range of motion, negative test results, and resolved sprains in the cervical spine, lumbar spine, and left shoulder (see Melo v Grullon, 101 AD3d 452 [1st Dept 2012]; Bailey v Islam, 99 AD3d 633 [1st Dept 2012]). 2013Defendant established prima facie absence of a serious injury by submitting the affirmed report of his orthopedist, who examined plaintiff 272 years after the accident and found full range of motion, negative test results, and resolved sprains in the cervical spine, lumbar spine, and left shoulder (see Melo v Grullon, 101 AD3d 452 [1st Dept 2012]; Bailey v Islam, 99 AD3d 633 [1st Dept 2012]). | 2 | 2013–2013 |
Melo v. Grullon
green
2 sentences2013Defendant established prima facie absence of a serious injury by submitting the affirmed report of his orthopedist, who examined plaintiff 272 years after the accident and found full range of motion, negative test results, and resolved sprains in the cervical spine, lumbar spine, and left shoulder (see Melo v Grullon, 101 AD3d 452 [1st Dept 2012]; Bailey v Islam, 99 AD3d 633 [1st Dept 2012]). 2013Defendant established prima facie absence of a serious injury by submitting the affirmed report of his orthopedist, who examined plaintiff 272 years after the accident and found full range of motion, negative test results, and resolved sprains in the cervical spine, lumbar spine, and left shoulder (see Melo v Grullon, 101 AD3d 452 [1st Dept 2012]; Bailey v Islam, 99 AD3d 633 [1st Dept 2012]). | 2 | 2013–2013 |
Hanrahan v. Whiting Turner Construction, Inc.
neutral
1 sentence2017Triable issues of fact exist as to whether Quality Construction created the complained-of danger by failing to erect barricades around its work site to protect plaintiff from falling into a ditch (see Hanrahan v Whiting Turner Constr., Inc., 33 AD3d 338 [1st Dept 2006]). | 1 | 2017–2017 |
Camacho v. Kelly
green
1 sentence2013Servs. of Nassau County, 63 NY2d at 102-103 ; Camacho v Kelly, 57 AD3d at 298-299 .) To recapitulate, the court grants respondent Doar’s motion to dismiss the petition only to the extent of dismissing the claim that Doar’s conciliation and conference procedures violate Social Services Law § 341 (1) by not allowing a public assistance recipient to participate in work activities prospectively to avoid a reduction in assistance after a failure or refusal to participate. | 1 | 2013–2013 |
Nassau Boces Central Council of Teachers v. Board of Cooperative Educational Services
green
1 sentence2013Servs. of Nassau County, 63 NY2d at 102-103 ; Camacho v Kelly, 57 AD3d at 298-299 .) To recapitulate, the court grants respondent Doar’s motion to dismiss the petition only to the extent of dismissing the claim that Doar’s conciliation and conference procedures violate Social Services Law § 341 (1) by not allowing a public assistance recipient to participate in work activities prospectively to avoid a reduction in assistance after a failure or refusal to participate. | 1 | 2013–2013 |
People v. . Lowe
green
1 sentence2008The dissent cannot avoid those questions with its observation that the Exchange “was a private corporation before it merged with Archipelago Holdings, Inc.” The point is that while there is no substantial public interest in most if not all private corporations, there is a substantial public interest in the management and affairs of private corporations organized as a not-for-profit corporations under the N-PCL (see People v Lowe, 117 NY at 190-191 ). 21 III Supreme Court granted Grasso’s motion to dismiss the eighth cause of action against the Exchange to the extent of dismissing the claim for | 1 | 2008–2008 |