declined rule (New York) · Go Syfert
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declined rule in New York

6 New York opinions name it 3 courts 1958–2014 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 (0)

CaseFollowedCited
No positive-treatment citations attached to this issue in New York.

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 (6)

CaseCitedYears
Morgia v. Horning green
nyappdiv · 2014
2 sentences

2014This case is therefore distinguishable from Matter of State of New York v Bass ( 119 AD3d 1356 [2014]), in which the respondent’s hearsay contention was preserved because the court expressly denied the respondent’s motion in limine to preclude evidence on that ground.

2014This case is therefore distinguishable from Matter of State of New York v Bass ( 119 AD3d 1356 [2014]), in which the respondent’s hearsay contention was preserved because the court expressly denied the respondent’s motion in limine to preclude evidence on that ground.

22014–2014
Trader v. State green
nyappdiv · 2000
1 sentence

2003The court declined to rule on plaintiffs’ motion insofar as it sought summary judgment dismissing the affirmative defense of the statute of limitations, and we do not reach the parties’ contentions concerning that affirmative defense (see Matter of Trader v State of New York, 277 AD2d 978 [2000]).

12003–2003
In re Jahron S. green
ny · 1992
1 sentence

1993The issue before this Court is, thus, whether Matter of Jahron S. (supra) requires that operability of a gun be demonstrated when the charge is criminal possession of a weapon in the third degree under Penal Law § 265.02 (4), which provides that a person is guilty of this offense if he possesses any loaded firearm except in his home or place of business.

11993–1993
People v. Hoats green
nycountyct · 1980
1 sentence

1984(Contra People v Boats, 102 Misc 2d 1004 .) The defendant contends that the failure of the People to succeed in having this “Certification of Calibration” admitted into evidence resulted in the proof being insufficient that the instrument was in proper working condition on February 27, 1983, and, consequently, the lack of a foundation for the admissibility of the test results.

11984–1984
In re Leon RR green
ny · 1979
1 sentence

1984(See Matter of Leon RR, 48 NY2d 117 .) In addition, this court declined to rule that the proposed evidence came within some public document exception to the hearsay rule.

11984–1984
In re Myers neutral
nyfamct · 1953
1 sentence

1958S. 2d 811, also relied upon by the Board of Education). 2 In Matter of Myers ( 203 Misc. 549 ) this court declined to rule upon the defense offered in a neglect proceeding that the school to which a child had been originally assigned was hazardous for the child to attend because of unsanitary conditions.

11958–1958

Where else courts name it

CA 35 (1970–2026) IL 19 (1985–2025) TX 16 (1994–2020) MI 13 (1981–2020) MD 12 (1937–2015) TN 10 (2013–2017) FL 10 (1974–2012) PA 9 (1953–2022) WA 9 (1952–2024) OH 8 (1987–2025) NJ 8 (1985–2019) LA 7 (1984–2009) GA 6 (1992–2013) NY 6 (1958–2014) CT 6 (1991–2022) OR 5 (1978–2011) MN 5 (1984–1998) UT 5 (1988–2022) MA 4 (1968–2015) NC 4 (2010–2022) DC 4 (1982–2021) MO 4 (1959–2009) MT 3 (1976–2017) KS 3 (2008–2021) CO 3 (1989–2024) IA 2 (2015–2022) ID 2 (2005–2011) SC 2 (2007–2011) AL 2 (1921–1983) HI 2 (2014–2021) AZ 2 (1965–2025) AK 2 (1982–1991) VA 2 (1998–2008)

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.

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