6 New York opinions name it 3 courts 1954–2025 4 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 |
|---|---|---|
Lipkis v. Pikusgreen2 sentences2025In opposition to Respondent's cross-motion and further support of its DRP-213 motion for leave to execute the warrant Petitioner makes the following arguments: First, that when the court entered a judgment on June 14, 2019, "issuance of a warrant still severed the landlord-tenant relationship", citing to the dissenting opinion in Lipkis v Pikus ( 103 AD2d 682, 685 , 477 NYS2d 345, 349 [1st Dep't 1984]), which "necessarily abrogates the warranty of habitability and any right to an abatement," Attorney's Affirm. in Opp. at ¶¶ 4 and 5. 2025In opposition to Respondent's cross-motion and further support of its DRP-213 motion for leave to execute the warrant Petitioner makes the following arguments: First, that when the court entered a judgment on June 14, 2019, "issuance of a warrant still severed the landlord-tenant relationship", citing to the dissenting opinion in Lipkis v Pikus ( 103 AD2d 682, 685 , 477 NYS2d 345, 349 [1st Dep't 1984]), which "necessarily abrogates the warranty of habitability and any right to an abatement," Attorney's Affirm. in Opp. at ¶¶ 4 and 5. | 3 | 3 |
Peterson v. Goldberggreen1 sentence2021Inasmuch as no order of support was ever entered on decedent's behalf with respect to the 2014 support action, we conclude that decedent did not acquire any vested rights to spousal support or any other ancillary relief in that action prior to her death, and therefore that action fully abated upon decedent's death ( see generally Sperber v Schwartz , 139 AD2d 640 , 642 [2d Dept 1988], lv dismissed 73 NY2d 871 [1989], lv denied 74 NY2d 606 [1989]; cf. generally Peterson v Goldberg , 180 AD2d 260, 263-264 [2d Dept 1992], lv dismissed 81 NY2d 835 [1993]). | 1 | 1 |
Fabian v. Sunbury Footaction, Inc.green1 sentence2021The abatement rule also typically applies to ancillary issues, such as maintenance and attorneys' fees sought in a divorce action, which are "necessarily dependent on the existence of a divorce action" ( King , 65 AD3d at 433 ) and, with respect to those issues, applies regardless of which spouse—payee or payor—has died ( see generally id. ; Flaherty v Lynch , 292 AD2d 340, 341 [2d Dept 2002], lv denied 99 NY2d 529 [2002]). | 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 |
|---|---|---|
Sperber v. Schwartz
green
1 sentence2021Inasmuch as no order of support was ever entered on decedent's behalf with respect to the 2014 support action, we conclude that decedent did not acquire any vested rights to spousal support or any other ancillary relief in that action prior to her death, and therefore that action fully abated upon decedent's death ( see generally Sperber v Schwartz , 139 AD2d 640 , 642 [2d Dept 1988], lv dismissed 73 NY2d 871 [1989], lv denied 74 NY2d 606 [1989]; cf. generally Peterson v Goldberg , 180 AD2d 260, 263-264 [2d Dept 1992], lv dismissed 81 NY2d 835 [1993]). | 1 | 2021–2021 |
MARTHA WASHINGTON TENANTS ASSOCIATION v. Roberts
neutral
1 sentence2021The abatement rule also typically applies to ancillary issues, such as maintenance and attorneys' fees sought in a divorce action, which are "necessarily dependent on the existence of a divorce action" ( King , 65 AD3d at 433 ) and, with respect to those issues, applies regardless of which spouse—payee or payor—has died ( see generally id. ; Flaherty v Lynch , 292 AD2d 340, 341 [2d Dept 2002], lv denied 99 NY2d 529 [2002]). | 1 | 2021–2021 |
Goldman v. City of New York
green
1 sentence2013Goldman v City of New York, 287 AD2d 482 (2d Dept 2001). . | 1 | 2013–2013 |
Watson v. Watson
neutral
1 sentence1954There is a line of cases stemming from Watson v. Watson ( 1 Hun 267 , 47 How. | 1 | 1954–1954 |
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.