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7 New York opinions name it 4 courts 1970–2020 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 |
|---|---|---|
Lanza v. Wagnergreen1 sentence2016Since this is, in part, a declaratory judgment action, the *764 matter must be remitted to the Supreme Court, Kings County, for the entry of a judgment, inter alia, declaring that Republic is not obligated to provide supplementary uninsured/ underinsured motorist benefits to Bosco (see Lanza v Wagner, 11 NY2d 317, 334 [1962]). | 1 | 1 |
Republic of Philippines v. Pimentelgreen2 sentences2011(In any event, in this case, the United States supported the Republic’s claim before the Supreme Court in Pimentel [ 553 US at 854 ]). 2011Under CPLR 1001, the Republic should be a party to this proceeding but, by virtue of its sovereign immunity, cannot be made a party without its consent. 3 Given that the Republic has to date refused to participate in this proceeding (as is its right), we conclude, as did the United States Supreme Court in an earlier proceeding concerning ownership of the same assets (Republic of Philippines v Pimentel, 553 US 851 [2008]), that respect for the principles of sovereign immunity and international comity mandates dismissal pursuant to CPLR 1003 and 3211 (a) (10). 4 The Republic’s claim to the Arelm | 1 | 1 |
Elrac, Inc. v. Wardgreen1 sentence2004Republic’s motion to dismiss strikes at the heart of the Court of Appeals ELRAC decision ( 96 NY2d 58, 72-74 [2001], supra). | 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 |
|---|---|---|
Rubinstein v. Rubinstein
neutral
1 sentence2020Consequently, it is unnecessary to determine whether TAM established a potentially meritorious opposition to Republic's motion ( see Rubinstein v Rubinstein , 128 AD3d 1047 [2015]). | 1 | 2020–2020 |
Saratoga County Chamber of Commerce, Inc. v. Pataki
green
1 sentence2012Swezey also submits that the motion to dismiss should have been denied under Saratoga County Chamber of Commerce v Pataki ( 100 NY2d 801 [2003]). | 1 | 2012–2012 |
First Commercial Bank v. Gotham Originals, Inc.
green
1 sentence2004In the order appealed from the Supreme Court granted leave to reargue and upon reargument granted Republic’s motion to dismiss the complaint insofar as asserted against it on the ground that UCC 4-102 provides that in the event of a conflict between provisions of UCC article 3 and UCC article 4, the provisions of UCC article 4 take precedence (see First Commercial Bank v Gotham Originals, 64 NY2d 287 [1985]). | 1 | 2004–2004 |
Moses v. . McDivitt
green
1 sentence1970Under these circumstances, the conclusion is inescapable that Fairchild took an assignment of the claim for a legitimate business purpose—to induce Farmingdale to take part in the acquisition — and any intent to sue on the claim was merely incidental and contingent (cf. Sprung v. Jaffe, 3 N Y 2d 539, 543; Moses v. McDivitt, 88 N. Y. 62, 65 ). | 1 | 1970–1970 |
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.