6 New York opinions name it 2 courts 1997–2019 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 |
|---|---|---|
Britt v. International Bus Services, Inc.green2 sentences2019Contrary to defendants' contention, they did not demonstrate that they will suffer prejudice if Krug's deposition is conducted while his criminal prosecution is pending by being deprived of critical and necessary testimony thereby rendering them unable to assert a competent defense ( cf. Britt , 255 AD2d at 144 ), particularly because the incident involving plaintiff does not form the basis for the criminal prosecution ( see Galper , 44 AD3d at 452 ; see also Walden Mar. , 266 AD2d at 933-934 ). 2015In Britt v International Bus Servs. ( 255 AD2d 143, 144 [1st Dept 1998]), the Court granted a stay of the New York civil action pending resolution of the New Jersey criminal prosecution because “ [defendants have demonstrated that without Benoit’s critical and necessary testimony in the civil action they would be unable to assert a competent defense. | 1 | 3 |
Walden Marine, Inc. v. Waldengreen1 sentence2019Contrary to defendants' contention, they did not demonstrate that they will suffer prejudice if Krug's deposition is conducted while his criminal prosecution is pending by being deprived of critical and necessary testimony thereby rendering them unable to assert a competent defense ( cf. Britt , 255 AD2d at 144 ), particularly because the incident involving plaintiff does not form the basis for the criminal prosecution ( see Galper , 44 AD3d at 452 ; see also Walden Mar. , 266 AD2d at 933-934 ). | 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 |
|---|---|---|
1422 Corp. v. Rosenfeld
green
1 sentence2019Contrary to defendants' contention, they did not demonstrate that they will suffer prejudice if Krug's deposition is conducted while his criminal prosecution is pending by being deprived of critical and necessary testimony thereby rendering them unable to assert a competent defense ( cf. Britt , 255 AD2d at 144 ), particularly because the incident involving plaintiff does not form the basis for the criminal prosecution ( see Galper , 44 AD3d at 452 ; see also Walden Mar. , 266 AD2d at 933-934 ). | 1 | 2019–2019 |
People v. Rudolph
green
2 sentences2016However, as the People concede, defendant is entitled to a youthful offender determination (see People v Rudolph, 21 NY3d 497 [2013]). 2016However, as the People concede, defendant is entitled to a youthful offender determination ( see People v Rudolph , 21 NY3d 497 [2013]). | 1 | 2016–2016 |
People v. Gilman
green
1 sentence1997While trial counsel testified that by using the statements he could have "give[n] the jury the killer”, the fact is the jurors would not have been permitted to consider the statements for their truth, that is, as evidence that Rivera had stabbed He witt (see, People v Blanchard, 177 AD2d 854 , lv denied 79 NY2d 918 ; People v Gilman, 135 AD2d 951 , lv denied 71 NY2d 896 ), and Rivera’s counsel surely would have requested a curative charge to that effect, to which his client was entitled (see, Matter of Millington v New York City Tr. | 1 | 1997–1997 |
People v. Blanchard
green
1 sentence1997While trial counsel testified that by using the statements he could have "give[n] the jury the killer”, the fact is the jurors would not have been permitted to consider the statements for their truth, that is, as evidence that Rivera had stabbed He witt (see, People v Blanchard, 177 AD2d 854 , lv denied 79 NY2d 918 ; People v Gilman, 135 AD2d 951 , lv denied 71 NY2d 896 ), and Rivera’s counsel surely would have requested a curative charge to that effect, to which his client was entitled (see, Matter of Millington v New York City Tr. | 1 | 1997–1997 |
People v. Rivera
green
1 sentence1997To the contrary, respondent’s counsel vigorously cross-examined petitioner’s witnesses, presented a competent defense and summation and, viewed in the totality of the proceedings, provided meaningful representation (see, Matter of Jeffrey V., 82 NY2d 121, 126 ; People v Rivera, 71 NY2d 705, 708 ). | 1 | 1997–1997 |
In re Jeffrey V.
green
1 sentence1997To the contrary, respondent’s counsel vigorously cross-examined petitioner’s witnesses, presented a competent defense and summation and, viewed in the totality of the proceedings, provided meaningful representation (see, Matter of Jeffrey V., 82 NY2d 121, 126 ; People v Rivera, 71 NY2d 705, 708 ). | 1 | 1997–1997 |
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.