remedies clause (New York) · Go Syfert
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remedies clause in New York

7 New York opinions name it 3 courts 1997–2026 2 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 (4)

CaseFollowedCited
Claim of Cordell v. City of Oneida Youth Divisiongreen
nyappdiv · 1989 · cited in 2 New York opinions naming this issue, 2013–2013
2 sentences

2013The remedies for a claim of discrimination under Workers’ Compensation Law § 120 are not compensation as that term is used throughout the Workers’ Compensation Law, including section 32 (see id,.; cf. Matter of Gibson v Carrier Corp., 307 AD2d 616 , 618 n [2003]; Matter of Cordell v City of Oneida Youth Div., 146 AD2d 362, 363-364 [1989], lv denied 74 NY2d 614 [1989]).

2013The remedies for a claim of discrimination under Workers’ Compensation Law § 120 are not compensation as that term is used throughout the Workers’ Compensation Law, including section 32 (see id,.; cf. Matter of Gibson v Carrier Corp., 307 AD2d 616 , 618 n [2003]; Matter of Cordell v City of Oneida Youth Div., 146 AD2d 362, 363-364 [1989], lv denied 74 NY2d 614 [1989]).

22
Watergate II Apartments v. Buffalo Sewer Authoritygreen
ny · 1978 · cited in 1 New York opinions naming this issue, 2026–2026
2 sentences

2026Exhaustion of Administrative Remedies and Election of Remedies The doctrine of exhaustion of administrative remedies requires that one first exhaust all available administrative channels before seeking relief in an Article 78 proceeding ( see Watergate II Apts. v Buffalo Sewer Auth. , 46 NY2d 52, 57 [1978]; Stoll v County of Nassau , 227 AD3d 1085, 1086 [2d Dept 2024]; CPLR § 7801[1]).

2026Exhaustion of Administrative Remedies and Election of Remedies The doctrine of exhaustion of administrative remedies requires that one first exhaust all available administrative channels before seeking relief in an Article 78 proceeding ( see Watergate II Apts. v Buffalo Sewer Auth. , 46 NY2d 52, 57 [1978]; Stoll v County of Nassau , 227 AD3d 1085 , 1086 [2d Dept 2024]; CPLR § 7801[1]).

11
Truck Rent-A-Center, Inc. v. Puritan Farms 2nd, Inc.green
ny · 1977 · cited in 1 New York opinions naming this issue, 2025–2025
2 sentences

2025Defendants' argument that the remedies clause of the settlement agreement is an impermissible liquidated damages provision also fails because the current arrears represents a sum certain rather than an estimate or prediction ( see Truck Rent-A Ctr. v Puritan Farms 2nd , 41 NY2d 420, 424 [1977]).

2025In any event, defendants have failed to show that the current arrears are grossly disproportionate to the amount plaintiff initially sought before executing the settlement ( see id. ; Seymour v Hovnanian , 211 AD3d 549 , 553 [1st Dept 2022]; cf. Trustees of Columbia Univ. in the City of N.Y. v D'Agostino Supermarkets, Inc. , 36 NY3d 69 , 74-75 [2020]).

11
In re Edwin G.green
nyappdiv · 2002 · cited in 1 New York opinions naming this issue, 2010–2010
1 sentence

2010Although this renders academic the father’s further contention regarding the penalty, we note that, in the event a willful violation is found following a new hearing, the specific remedies for a violation of a support order are set forth in Family Ct Act § 454 (see Family Ct Act § 156; Matter of Edwin G., 296 AD2d 7, 10 [2002]; but see Matter of Williams v Johnson, 56 AD3d 1021 , 1022-1023 [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 (4)

CaseCitedYears
Gibson v. Carrier Corp. green
nyappdiv · 2003
2 sentences

2013The remedies for a claim of discrimination under Workers’ Compensation Law § 120 are not compensation as that term is used throughout the Workers’ Compensation Law, including section 32 (see id,.; cf. Matter of Gibson v Carrier Corp., 307 AD2d 616 , 618 n [2003]; Matter of Cordell v City of Oneida Youth Div., 146 AD2d 362, 363-364 [1989], lv denied 74 NY2d 614 [1989]).

2013The remedies for a claim of discrimination under Workers’ Compensation Law § 120 are not compensation as that term is used throughout the Workers’ Compensation Law, including section 32 (see id,.; cf. Matter of Gibson v Carrier Corp., 307 AD2d 616 , 618 n [2003]; Matter of Cordell v City of Oneida Youth Div., 146 AD2d 362, 363-364 [1989], lv denied 74 NY2d 614 [1989]).

22013–2013
Seymour v. Hovnanian green
nyappdiv · 2022
1 sentence

2025In any event, defendants have failed to show that the current arrears are grossly disproportionate to the amount plaintiff initially sought before executing the settlement ( see id. ; Seymour v Hovnanian , 211 AD3d 549 , 553 [1st Dept 2022]; cf. Trustees of Columbia Univ. in the City of N.Y. v D'Agostino Supermarkets, Inc. , 36 NY3d 69 , 74-75 [2020]).

12025–2025
Buffalo Airport Center Associates v. Niagara Frontier Transportation Authority green
nyappdiv · 1996
1 sentence

1998Whether an exclusive or limited remedy provision fails of its essential purpose is an issue of fact for the jury (see, Scott v Palermo, 233 AD2d 869 ).

11998–1998
Sharapata v. Town of Islip green
ny · 1982
1 sentence

1997If Congress had intended that suppression and dismissal were the appropriate remedies for a violation of a confidentiality it would have so provided." The court finds the foregoing holding to be persuasive authority and that the current version of the Federal statute, 42 USC § 290dd-2 (f), which provides "Any person who violates any provision of this section or any regulation issued pursuant to this section shall be fined", is the exclusive remedy available for a violation of the confidentiality requirement of 42 USC § 290dd-2. 2 Of course, the State is not subject to a fine in this court (Sha

11997–1997

Where else courts name it

CA 13 (1982–2023) OR 12 (1997–2026) KS 11 (1998–2022) PA 9 (2005–2026) NY 7 (1997–2026) WI 7 (1979–2023) MS 6 (1994–2000) TX 6 (1982–2019) UT 5 (1999–2017) MI 4 (2008–2022) AZ 4 (1971–2021) WA 3 (1985–2008) IN 3 (2013–2017) AR 3 (1911–2017) FL 3 (1993–2021) MN 3 (1988–1990) DE 2 (2018–2020) NJ 2 (2008–2025) GA 2 (1995–1997) IA 2 (2018–2025) OH 2 (2002–2002) IL 2 (1999–1999) CT 2 (1996–2000) MD 2 (2000–2022)

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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