deemed violation (New York) · Go Syfert
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deemed violation in New York

6 New York opinions name it 4 courts 1939–2016 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 (3)

CaseFollowedCited
Melissa H. v. Shameer S.green
nyappdiv · 2012 · cited in 1 New York opinions naming this issue, 2016–2016
1 sentence

2016Further, the mother’s reliance on evidence from a prior fact-finding hearing and determination is unavailing, since this Court deemed that hearing and determination “procedurally flawed and unfair” (Matter of Melissa H. v Shameer S., 100 AD3d 535, 535 [1st Dept 2012]).

11
Mitchell v. New York Hospitalgreen
ny · 1984 · cited in 1 New York opinions naming this issue, 2010–2010
1 sentence

2010General Obligations Law § 15-108 reflects a balance by the Legislature (see Mitchell v New York Hosp., 61 NY2d 208, 215 [1984]).

11
Caceci v. Di Canio Construction Corp.green
ny · 1988 · cited in 1 New York opinions naming this issue, 1989–1989
1 sentence

1989Corp., supra, at 55-56).

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 (3)

CaseCitedYears
Poole v. Consolidated Rail Corp. green
nyappdiv · 1991
1 sentence

1992The Court deemed this error to be harmless, however, "because the evidence of defendant’s liability and plaintiff’s damages was overwhelming and because defendant suffered no prejudice by the court’s ruling” ( 178 AD2d 941 , 942).

11992–1992
People v. Banaszak neutral
nycountyct · 1973
1 sentence

1987In Southbridge Towers v Rovics (supra) the tenant entered occupancy pursuant to an occupancy agreement which contained a prohibition against the harboring of a dog on the premises and which further provided that a violation of the same is deemed a violation of a substantial obligation of the tenancy.

11987–1987
Harris v. . Elliott green
ny · 1900
1 sentence

1939If the court deemed the principle enunciated applicable to the present situation it would have difficulty in distinguishing the determination in Harris v. Elliott ( 163 N. Y. 269, 274 ), which appears squarely in point against the availability of proceedings for contempt for the enforcement of such an obligation.

11939–1939

Where else courts name it

PA 9 (2001–2021) IL 7 (1964–2025) NY 6 (1939–2016) MI 6 (1979–2023) WA 5 (2005–2015) NJ 4 (1965–2024) CA 4 (1997–2025) MD 4 (1989–2019) MN 3 (1986–1993) TX 3 (1929–2025) OH 2 (2011–2020) MO 2 (1962–1991) IN 2 (2002–2025) AL 2 (1995–2017) NH 2 (1990–2013) MS 2 (1991–1991) OK 2 (2018–2018)

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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