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7 New York opinions name it 3 courts 1935–1961 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 |
|---|---|---|
Miller v. Town of Irondequoitgreen2 sentences1961Waiver of governmental immunity is a consequence of the ‘ ‘ rising tide of criticism against the doctrine of sovereign irresponsibility ’ ’ (Miller v. Town of Irondequoit, 243 App. Div. 240, 241 , per Lewis, J., affd. 268 N. Y. 578 ). 1961Waiver of governmental immunity is a consequence of the "rising tide of criticism against the doctrine of sovereign irresponsibility" ( Miller v. Town of Irondequoit , 243 App. Div. 240, 241 , per LEWIS, J., affd. 268 N.Y. 578 ). | 1 | 6 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Miller v. Town of Irondequoit
neutral
2 sentences1961Waiver of governmental immunity is a consequence of the ‘ ‘ rising tide of criticism against the doctrine of sovereign irresponsibility ’ ’ (Miller v. Town of Irondequoit, 243 App. Div. 240, 241 , per Lewis, J., affd. 268 N. Y. 578 ). 1961Waiver of governmental immunity is a consequence of the "rising tide of criticism against the doctrine of sovereign irresponsibility" ( Miller v. Town of Irondequoit , 243 App. Div. 240, 241 , per LEWIS, J., affd. 268 N.Y. 578 ). | 2 | 1943–1961 |
Berger v. City of New York
green
1 sentence1942(Miller v. Town of Irondequoit, 243 App. Div. 240, 241, 242 ; Berger v. City of New York, 260 App. Div. 402 ; affd., 285 N. Y. 723 .)" Accordingly, in the two cases cited, it'was held that despite the statute a municipality was not liable to an injured person if the technical legal ownership of the vehicle was not in the municipality «even though it was being used by its employee in the performance of his public duties. , ; Because of the limitations contained in the 1929 statute, and the strict construction necessarily given to it by the courts, and, in furtherance of its policy, the Legislat | 1 | 1942–1942 |
Berger v. City of New York
green
1 sentence1942(Miller v. Town of Irondequoit, 243 App. Div. 240, 241, 242 ; Berger v. City of New York, 260 App. Div. 402 ; affd., 285 N. Y. 723 .)" Accordingly, in the two cases cited, it'was held that despite the statute a municipality was not liable to an injured person if the technical legal ownership of the vehicle was not in the municipality «even though it was being used by its employee in the performance of his public duties. , ; Because of the limitations contained in the 1929 statute, and the strict construction necessarily given to it by the courts, and, in furtherance of its policy, the Legislat | 1 | 1942–1942 |
Matter of Evans v. Berry
green
1 sentence1941(Matter of Evans v. Berry, 262 N. Y. 61, 68 .) It was enacted “ In response to a rising tide of criticism against the doctrine of sovereign irresponsibility” (Miller v. Town of Irondequoit, 243 App. Div. 240, 241 ). | 1 | 1941–1941 |
Nichitta v. City of New York
neutral
1 sentence1935(Lefrois v. County of Monroe, 162 N. Y. 563 ; Wilcox v. City of Rochester, 190 id. 137; Nichitta v. City of New York, 223 App. Div. 428, 430 ; affd., 250 N. Y. 530 ; Lacock v. City of Schenectady, 224 App. Div. 512 .) In response to a rising tide of criticism against the doctrine of sovereign irresponsibility, the Legislature in 1929 enacted section 282-g of the Highway Law (Laws of 1929, chap. 466) which provides: “ § 282-g. | 1 | 1935–1935 |
Lefrois v. . County of Monroe
green
1 sentence1935(Lefrois v. County of Monroe, 162 N. Y. 563 ; Wilcox v. City of Rochester, 190 id. 137; Nichitta v. City of New York, 223 App. Div. 428, 430 ; affd., 250 N. Y. 530 ; Lacock v. City of Schenectady, 224 App. Div. 512 .) In response to a rising tide of criticism against the doctrine of sovereign irresponsibility, the Legislature in 1929 enacted section 282-g of the Highway Law (Laws of 1929, chap. 466) which provides: “ § 282-g. | 1 | 1935–1935 |
Nichitta v. City of New York
neutral
1 sentence1935(Lefrois v. County of Monroe, 162 N. Y. 563 ; Wilcox v. City of Rochester, 190 id. 137; Nichitta v. City of New York, 223 App. Div. 428, 430 ; affd., 250 N. Y. 530 ; Lacock v. City of Schenectady, 224 App. Div. 512 .) In response to a rising tide of criticism against the doctrine of sovereign irresponsibility, the Legislature in 1929 enacted section 282-g of the Highway Law (Laws of 1929, chap. 466) which provides: “ § 282-g. | 1 | 1935–1935 |
Lacock v. City of Schenectady
green
1 sentence1935(Lefrois v. County of Monroe, 162 N. Y. 563 ; Wilcox v. City of Rochester, 190 id. 137; Nichitta v. City of New York, 223 App. Div. 428, 430 ; affd., 250 N. Y. 530 ; Lacock v. City of Schenectady, 224 App. Div. 512 .) In response to a rising tide of criticism against the doctrine of sovereign irresponsibility, the Legislature in 1929 enacted section 282-g of the Highway Law (Laws of 1929, chap. 466) which provides: “ § 282-g. | 1 | 1935–1935 |