unintentional error (New York) · Go Syfert
← New York issues

unintentional error in New York

7 New York opinions name it 3 courts 1910–2015 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
TNS Holdings, Inc. v. MKI Securities Corp.green
ny · 1998 · cited in 2 New York opinions naming this issue, 2015–2015
2 sentences

2015Corp., 92 NY2d 335, 339 [1998] [citations omitted]). “[A] party will not be compelled to arbitrate . . . absent evidence which affirmatively establishes that the parties expressly *566 agreed to arbitrate their disputes.

2015Corp., 92 NY2d 335, 339 [1998] [citation omitted]).

22
Nichols v. VanAmerongengreen
nyappdiv · 2010 · cited in 1 New York opinions naming this issue, 2011–2011
1 sentence

2011The Hearing Officer, however, rejected her explanation, and such credibility determinations fall within the province of the Hearing Officer (see Matter of Nichols v VanAmerongen, 72 AD3d 1499, 1500 [2010]).

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
Smith Barney Shearson Inc. v. Sacharow green
ny · 1997
1 sentence

1998The Appellate Division granted defendants leave to appeal to this Court, and we now reverse. *339 IL Although arbitration is favored as a matter of public policy (see, Matter of Smith Barney Shearson v Sacharow, 91 NY2d 39, 49 ), equally important is the policy that seeks to avoid the unintentional waiver of the benefits and safeguards which a court of law may provide in resolving disputes.

11998–1998
Renda v. Frazer green
nyappdiv · 1980
1 sentence

1986(Renda v Frazer, 75 AD2d 490 .) In this regard this case is unlike the situation in Simcuski v Saeli (supra), in which the two causes of action, the malpractice and the concealment of the malpractice were consistent.

11986–1986
Cheatham v. Westchester County Publishers, Inc. green
nysupct · 1947
1 sentence

1960The word “mistake” has been defined as ‘ ‘ An apprehending wrongly; a misconception; a misunderstanding * * * A fault in opinion or judgment; an unintentional error.” (Webster’s New International Dictionary of the English Language [2d ed.], [unabridged].) It clearly does not connote a meaning of dishonesty (Cheatham v. Westchester County Publishers, 20 Misc 2d 770 ).

11960–1960
Mahley v. . German Bank neutral
ny · 1903
1 sentence

1910The Lien Law is “ to be construed liberally to secure the beneficial interests and purposes thereof,” and “ A substantial compliance with- its several provisions shall be sufficient for the validity of a -lion and to give jurisdiction to the courts to enforce the same.” (Id. § 22.) If the notice had contained no statement as to the date when the last material was furnished or the last labor performed, it would have been invalid. ’ (Mahley v. German Bank, 174 N. Y. 499 .) But when it purports to state the date of furnishing the last item of work and material, if an unintentional error in statin

11910–1910

Where else courts name it

PA 12 (1966–2025) NC 10 (1933–1985) MD 9 (1993–2018) CT 9 (2010–2025) NY 7 (1910–2015) WY 7 (1994–2012) WA 7 (2005–2015) FL 7 (1969–2024) GA 6 (1972–2022) CA 6 (1954–2020) DE 5 (1989–2023) IA 4 (2017–2019) MA 4 (2006–2025) ID 3 (1961–2025) IL 3 (1923–2016) NE 2 (2022–2022) VA 2 (2021–2026) AK 2 (2021–2023)

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.

← Caselaw search · G Cite Topics · Brief Check