Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
6 New York opinions name it 2 courts 1975–2007 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 |
|---|---|---|
Hardware v. Greengreen1 sentence1992McCracken has no applicability where a default judgment is vacated on consent” (Roosevelt Hardware v Green, supra, at 265). | 1 | 1 |
Petrova v. Robertsgreen1 sentence1988DISCUSSION While earlier case law held that " 'a non-resident alien party, who himself begins litigation in this State in his own interest against a citizen of the State * * * [is not] amenable to the service of a summons and complaint in an action * * * where the claim upon which the suit of the citizen is brought existed at the time the action was instituted by [a] non-resident, but could not be availed of as a defense or counterclaim therein’ ” (Petrova v Roberts, 245 NY 518, 519 [1927]), the continuing viability of such rule has been questioned in light of "the liberalization of the rules | 1 | 1 |
Zirinsky v. Zirinskygreen2 sentences1988DISCUSSION While earlier case law held that " 'a non-resident alien party, who himself begins litigation in this State in his own interest against a citizen of the State * * * [is not] amenable to the service of a summons and complaint in an action * * * where the claim upon which the suit of the citizen is brought existed at the time the action was instituted by [a] non-resident, but could not be availed of as a defense or counterclaim therein’ ” (Petrova v Roberts, 245 NY 518, 519 [1927]), the continuing viability of such rule has been questioned in light of "the liberalization of the rules 1988DISCUSSION While earlier case law held that " 'a non-resident alien party, who himself begins litigation in this State in his own interest against a citizen of the State * * * [is not] amenable to the service of a summons and complaint in an action * * * where the claim upon which the suit of the citizen is brought existed at the time the action was instituted by [a] non-resident, but could not be availed of as a defense or counterclaim therein’ ” (Petrova v Roberts, 245 NY 518, 519 [1927]), the continuing viability of such rule has been questioned in light of "the liberalization of the rules | 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 |
|---|---|---|
McCracken v. . Flanagan
green
2 sentences1992The court thus held: "[DJespite the continuing viability of the rule set forth in McCracken ( 141 NY 174 , supra), a Sheriff’s deed may be voided only where the vacatur of the underlying judgment reflects an impropriety at the time the judgment is obtained. 1980To establish some degree of certainty of title for participants at judicial sales, to avoid a resurrection of the concept of equity of redemption, and to prevent defaulting judgment debtors from manipulating title to their properties premised on the convenience and exigencies of their situation, we hold that despite the continuing viability of the rule set forth in McCracken ( 141 NY 174 , supra), a Sheriff’s deed may be voided only where the vacatur of the underlying judgment reflects an impropriety at the time the judgment is obtained. | 2 | 1980–1992 |
Baccari v. De Santi
green
1 sentence2007The record is then considered to have been accomplished, and the physical act of transcribing the contents of the paper into a book, at length, is to be performed by the public officer; and it seems to me to be contrary to reason and to principle, to hold an individual bound to such grave liabilities, as this case is an example of, founded upon the failure of a public officer to do an act prescribed by the statute.” The Appellate Division, Second Department, in the case of Baccari v De Santi ( 70 AD2d 198 [1979]), assumed the continuing viability of this rule deeming the instrument recorded up | 1 | 2007–2007 |
Lane v. Epstein's Edco Process Dry Cleaners Co.
neutral
1 sentence1980It has long been the law in this State that a city is obligated to keep its sidewalks safe for pedestrians (see, e.g., Loughran v City of New York, 298 NY 320, 322 ; Lane v Epstein's Edco Process Dry Cleaners Co., 11 NY2d 255, 257-258 ). | 1 | 1980–1980 |
Loughran v. City of New York
green
1 sentence1980It has long been the law in this State that a city is obligated to keep its sidewalks safe for pedestrians (see, e.g., Loughran v City of New York, 298 NY 320, 322 ; Lane v Epstein's Edco Process Dry Cleaners Co., 11 NY2d 255, 257-258 ). | 1 | 1980–1980 |
Hart v. Town of Brookhaven
neutral
1 sentence1980While the city has accurately reflected the case law on this subject, an analysis by this court of these three decisions as well as that of a prior case in this area — Hart v Town of Brookhaven ( 261 App Div 923 [2d Dept]) — has cast the continuing viability of the rule enunciated in Olsen (supra) into serious question. | 1 | 1980–1980 |
United States v. Thomas Griffin and Catherine Tucker
green
1 sentence1975"Nor does the recent case of United States v. Griffin ( 502 F. 2d 959 , cert. den. 419 U. S. 1050 [Dec. 1974]) afford the defendant much solace. | 1 | 1975–1975 |
United States v. Griffin
green
1 sentence1975"Nor does the recent case of United States v. Griffin ( 502 F. 2d 959 , cert. den. 419 U. S. 1050 [Dec. 1974]) afford the defendant much solace. | 1 | 1975–1975 |
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.