raised presumption (New York) · Go Syfert
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raised presumption in New York

7 New York opinions name it 4 courts 1899–2009 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
Engel v. Lightermangreen
ny · 1984 · cited in 2 New York opinions naming this issue, 1988–2009
2 sentences

2009In opposition, the defendant’s papers failed to raise a triable issue of fact regarding service of the judgment (see Kihl v Pfeffer, 94 NY2d 118, 122 [1999]; Engel v Lichterman, 62 NY2d 943, 944-945 [1984]; Kendall v Kelly, 283 AD2d 401 [2001]).

1988This raised the presumption that a proper mailing occurred (see, Engel v Lichterman, 62 NY2d 943, 944 ).

12
Kihl v. Pfeffergreen
ny · 1999 · cited in 1 New York opinions naming this issue, 2009–2009
1 sentence

2009In opposition, the defendant’s papers failed to raise a triable issue of fact regarding service of the judgment (see Kihl v Pfeffer, 94 NY2d 118, 122 [1999]; Engel v Lichterman, 62 NY2d 943, 944-945 [1984]; Kendall v Kelly, 283 AD2d 401 [2001]).

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 (5)

CaseCitedYears
Hyde v. Cole neutral
iowa · 1855
2 sentences

1899In Warren v. State, 1 Iowa, 106 , several traps, a boat hook, and other articles were found in defendant’s possession 18 months after they were stolen.

1899In Warner v. State ( 1 Iowa, 106 ) several traps, a boat hook and other articles were found in defendant’s possession eighteen months after they were stolen.

21899–1899
Kendall v. Kelly neutral
nyappdiv · 2001
1 sentence

2009In opposition, the defendant’s papers failed to raise a triable issue of fact regarding service of the judgment (see Kihl v Pfeffer, 94 NY2d 118, 122 [1999]; Engel v Lichterman, 62 NY2d 943, 944-945 [1984]; Kendall v Kelly, 283 AD2d 401 [2001]).

12009–2009
North Shore Mart v. Grand Union Co. green
nydistctnassau · 1968
1 sentence

1983Very much in point is North Shore Mart v Grand Union Co. ( 58 Misc 2d 640 ), in which a “supplemental agreement” was held to be part and parcel of a lease rather than a license.

11983–1983
Young v. Seckler green
nyappdiv · 1980
1 sentence

1982The State argued that this raised a presumption of the latter’s ownership, citing Young v Seckler ( 74 AD2d 155 ).

11982–1982
George Foltis, Inc. v. City of New York green
ny · 1941
1 sentence

1946This was error (Foltis, Inc., v. City of New York, 287 N. Y. 108 ).

11946–1946

Where else courts name it

TX 194 (1928–2026) CA 7 (1952–2025) NY 7 (1899–2009) GA 6 (1941–1997) WA 6 (1910–1997) KY 6 (1925–2026) LA 4 (1946–2018) MS 3 (1993–2024) IL 3 (1884–1986) ID 3 (1943–1980) NC 3 (1910–2005) WY 3 (1928–2021) OH 3 (2005–2020) AZ 2 (1932–2003) MI 2 (2022–2022) PA 2 (1915–1999) CO 2 (2024–2024)

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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