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6 New York opinions name it 2 courts 1999–2025 1 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 |
|---|---|---|
Medical Express Ambulance Corp. v. Kirklandgreen2 sentences2012Even viewing the record in the light most favorable to the plaintiff, the conduct of which the plaintiff contends the parish priests were aware was insufficient to alert them to any potential problem with the visiting priest (cf. Liang v Rosedale Group Home, 19 AD3d 654, 655-656 [2005]; Kenneth R. v Roman Catholic Diocese of Brooklyn, 229 AD2d 159, 163 [1997], cert denied 522 US 967 [1997]; see also Doe v State of New York, 89 AD3d 787, 788 [2011]; Matter of Medical Express Ambulance Corp. v Kirkland, 79 AD3d 886, 887-888 [2010]). 2012The plaintiffs remaining contentions are without merit (see Vasquez v County of Nassau, 91 AD3d 855, 858 [2012]; Matter of Medical Express Ambulance Corp. v Kirkland, 79 AD3d at 888 ; Boehme v A.P.P.L.E., A Program Planned for Life Enrichment, 298 AD2d 540, 541 [2002]). | 2 | 2 |
Doe v. Stategreen2 sentences2012Even viewing the record in the light most favorable to the plaintiff, the conduct of which the plaintiff contends the parish priests were aware was insufficient to alert them to any potential problem with the visiting priest (cf. Liang v Rosedale Group Home, 19 AD3d 654, 655-656 [2005]; Kenneth R. v Roman Catholic Diocese of Brooklyn, 229 AD2d 159, 163 [1997], cert denied 522 US 967 [1997]; see also Doe v State of New York, 89 AD3d 787, 788 [2011]; Matter of Medical Express Ambulance Corp. v Kirkland, 79 AD3d 886, 887-888 [2010]). 2012Even viewing the record in the light most favorable to the plaintiff, the conduct of which the plaintiff contends the parish priests were aware was insufficient to alert them to any potential problem with the visiting priest (cf. Liang v Rosedale Group Home, 19 AD3d 654, 655-656 [2005]; Kenneth R. v Roman Catholic Diocese of Brooklyn, 229 AD2d 159, 163 [1997], cert denied 522 US 967 [1997]; see also Doe v State of New York, 89 AD3d 787, 788 [2011]; Matter of Medical Express Ambulance Corp. v Kirkland, 79 AD3d 886, 887-888 [2010]). | 2 | 2 |
Vasquez v. County of Nassaugreen2 sentences2012The plaintiffs remaining contentions are without merit (see Vasquez v County of Nassau, 91 AD3d 855, 858 [2012]; Matter of Medical Express Ambulance Corp. v Kirkland, 79 AD3d at 888 ; Boehme v A.P.P.L.E., A Program Planned for Life Enrichment, 298 AD2d 540, 541 [2002]). 2012The plaintiffs remaining contentions are without merit (see Vasquez v County of Nassau, 91 AD3d 855, 858 [2012]; Matter of Medical Express Ambulance Corp. v Kirkland, 79 AD3d at 888 ; Boehme v A.P.P.L.E., A Program Planned for Life Enrichment, 298 AD2d 540, 541 [2002]). | 2 | 2 |
Kenneth R. v. Roman Catholic Diocesegreen2 sentences2012Even viewing the record in the light most favorable to the plaintiff, the conduct of which the plaintiff contends the parish priests were aware was insufficient to alert them to any potential problem with the visiting priest (cf. Liang v Rosedale Group Home, 19 AD3d 654, 655-656 [2005]; Kenneth R. v Roman Catholic Diocese of Brooklyn, 229 AD2d 159, 163 [1997], cert denied 522 US 967 [1997]; see also Doe v State of New York, 89 AD3d 787, 788 [2011]; Matter of Medical Express Ambulance Corp. v Kirkland, 79 AD3d 886, 887-888 [2010]). 2012Similarly, an employer’s actual or constructive knowledge of an employee’s propensity to engage in the conduct which caused the injury is a “ ‘necessary element’ ” of causes of action to recover damages for negligent hiring and supervision (Peter T. v Children’s Vil., Inc., 30 AD3d 582, 586 [2006], quoting Kenneth R. v Roman Catholic Diocese of Brooklyn, 229 AD2d at 161 ). | 2 | 2 |
Liang v. Rosedale Group Homegreen2 sentences2012Even viewing the record in the light most favorable to the plaintiff, the conduct of which the plaintiff contends the parish priests were aware was insufficient to alert them to any potential problem with the visiting priest (cf. Liang v Rosedale Group Home, 19 AD3d 654, 655-656 [2005]; Kenneth R. v Roman Catholic Diocese of Brooklyn, 229 AD2d 159, 163 [1997], cert denied 522 US 967 [1997]; see also Doe v State of New York, 89 AD3d 787, 788 [2011]; Matter of Medical Express Ambulance Corp. v Kirkland, 79 AD3d 886, 887-888 [2010]). 2012Even viewing the record in the light most favorable to the plaintiff, the conduct of which the plaintiff contends the parish priests were aware was insufficient to alert them to any potential problem with the visiting priest (cf. Liang v Rosedale Group Home, 19 AD3d 654, 655-656 [2005]; Kenneth R. v Roman Catholic Diocese of Brooklyn, 229 AD2d 159, 163 [1997], cert denied 522 US 967 [1997]; see also Doe v State of New York, 89 AD3d 787, 788 [2011]; Matter of Medical Express Ambulance Corp. v Kirkland, 79 AD3d 886, 887-888 [2010]). | 2 | 2 |
Peter T. v. Children's Village, Inc.green2 sentences2012Similarly, an employer’s actual or constructive knowledge of an employee’s propensity to engage in the conduct which caused the injury is a “ ‘necessary element’ ” of causes of action to recover damages for negligent hiring and supervision (Peter T. v Children’s Vil., Inc., 30 AD3d 582, 586 [2006], quoting Kenneth R. v Roman Catholic Diocese of Brooklyn, 229 AD2d at 161 ). 2012Similarly, an employer’s actual or constructive knowledge of an employee’s propensity to engage in the conduct which caused the injury is a “ ‘necessary element’ ” of causes of action to recover damages for negligent hiring and supervision (Peter T. v Children’s Vil., Inc., 30 AD3d 582, 586 [2006], quoting Kenneth R. v Roman Catholic Diocese of Brooklyn, 229 AD2d at 161 ). | 2 | 2 |
Boehme v. A.P.P.L.E., A Program Planned for Life Enrichment, Inc.green2 sentences2012The plaintiffs remaining contentions are without merit (see Vasquez v County of Nassau, 91 AD3d 855, 858 [2012]; Matter of Medical Express Ambulance Corp. v Kirkland, 79 AD3d at 888 ; Boehme v A.P.P.L.E., A Program Planned for Life Enrichment, 298 AD2d 540, 541 [2002]). 2012The plaintiffs remaining contentions are without merit (see Vasquez v County of Nassau, 91 AD3d 855, 858 [2012]; Matter of Medical Express Ambulance Corp. v Kirkland, 79 AD3d at 888 ; Boehme v A.P.P.L.E., A Program Planned for Life Enrichment, 298 AD2d 540, 541 [2002]). | 2 | 2 |
Matter of Cayuga Nation v. Town of Seneca Fallsgreen2 sentences2025See Cayuga Nation v. Town of Seneca Falls , 213 AD3d 1250 , 1251-52 (4th Dep't 2023) (holding that "a party's lack of standing does not constitute a jurisdictional defect" and therefore lower court "erred in sua sponte reaching the issue of standing" when the defense was not raised by a party); Emic Corp. v. Barenblatt , 169 AD3d 621 , 621 (1st Dep't 2019) (holding that trial court should not have raised issue of lack of standing sua sponte ); Wells Fargo Bank, N.A. v. Halberstam , 166 AD3d 710 , 711 (2d Dep't 2018) (holding that it was inappropriate for trial court to raise sua sponte affirma 2025See Cayuga Nation v. Town of Seneca Falls , 213 AD3d 1250 , 1251-52 (4th Dep't 2023) (holding that "a party's lack of standing does not constitute a jurisdictional defect" and therefore lower court "erred in sua sponte reaching the issue of standing" when the defense was not raised by a party); Emic Corp. v. Barenblatt , 169 AD3d 621 , 621 (1st Dep't 2019) (holding that trial court should not have raised issue of lack of standing sua sponte ); Wells Fargo Bank, N.A. v. Halberstam , 166 AD3d 710 , 711 (2d Dep't 2018) (holding that it was inappropriate for trial court to raise sua sponte affirma | 1 | 1 |
Purdy v. Public Administratorgreen2 sentences2001Corp., 96 NY2d 222 ; Purdy v Public Adm’r of County of Westchester, 127 AD2d 285 , affd 72 NY2d 1 ). 2001Nevertheless, assuming that the Diocese defendants were acting in loco parentis, to prevail on a theory of negligent supervision, the plaintiff had to establish that these defendants were aware of Henderson’s vicious propensities (see, LaTorre v Genesee Mgt, 90 NY2d 576, 583 ; Purdy v Public Adm’r of County of Westchester, supra, at 289-290; Thompson v Ange, 83 AD 2d 193 ). | 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 |
|---|---|---|
Roman Catholic Diocese of Brooklyn v. Kenneth R. ex rel. Diana R.
green
2 sentences2012Even viewing the record in the light most favorable to the plaintiff, the conduct of which the plaintiff contends the parish priests were aware was insufficient to alert them to any potential problem with the visiting priest (cf. Liang v Rosedale Group Home, 19 AD3d 654, 655-656 [2005]; Kenneth R. v Roman Catholic Diocese of Brooklyn, 229 AD2d 159, 163 [1997], cert denied 522 US 967 [1997]; see also Doe v State of New York, 89 AD3d 787, 788 [2011]; Matter of Medical Express Ambulance Corp. v Kirkland, 79 AD3d 886, 887-888 [2010]). 2012Even viewing the record in the light most favorable to the plaintiff, the conduct of which the plaintiff contends the parish priests were aware was insufficient to alert them to any potential problem with the visiting priest (cf. Liang v Rosedale Group Home, 19 AD3d 654, 655-656 [2005]; Kenneth R. v Roman Catholic Diocese of Brooklyn, 229 AD2d 159, 163 [1997], cert denied 522 US 967 [1997]; see also Doe v State of New York, 89 AD3d 787, 788 [2011]; Matter of Medical Express Ambulance Corp. v Kirkland, 79 AD3d 886, 887-888 [2010]). | 2 | 2012–2012 |
Roman Catholic Diocese of Brooklyn, N.Y. v. Christ the King Regional High School
green
1 sentence2018In May 2017, CTK moved, inter alia, for leave to renew its opposition to that branch of the Diocese's motion which was for summary judgment on its second cause of action, relying in part on this Court's conclusion that questions of fact remained regarding CTK's defenses of waiver and estoppel ( see id. at 997 ). | 1 | 2018–2018 |
LaTorre v. Genesee Management, Inc.
green
1 sentence2001Nevertheless, assuming that the Diocese defendants were acting in loco parentis, to prevail on a theory of negligent supervision, the plaintiff had to establish that these defendants were aware of Henderson’s vicious propensities (see, LaTorre v Genesee Mgt, 90 NY2d 576, 583 ; Purdy v Public Adm’r of County of Westchester, supra, at 289-290; Thompson v Ange, 83 AD 2d 193 ). | 1 | 2001–2001 |
Thompson v. Ange
green
1 sentence2001Nevertheless, assuming that the Diocese defendants were acting in loco parentis, to prevail on a theory of negligent supervision, the plaintiff had to establish that these defendants were aware of Henderson’s vicious propensities (see, LaTorre v Genesee Mgt, 90 NY2d 576, 583 ; Purdy v Public Adm’r of County of Westchester, supra, at 289-290; Thompson v Ange, 83 AD 2d 193 ). | 1 | 2001–2001 |
Hamilton v. Beretta U.S.A. Corp.
green
1 sentence2001Corp., 96 NY2d 222 ; Purdy v Public Adm’r of County of Westchester, 127 AD2d 285 , affd 72 NY2d 1 ). | 1 | 2001–2001 |
Purdy v. Public Administrator
green
1 sentence2001Corp., 96 NY2d 222 ; Purdy v Public Adm’r of County of Westchester, 127 AD2d 285 , affd 72 NY2d 1 ). | 1 | 2001–2001 |
Armour v. England
green
1 sentence2001Rockaway, 272 AD2d 503 ; Armour v England, 210 AD2d 561 ; Staruck v County of Otsego, 285 App Div 476 ). | 1 | 2001–2001 |
Staruck v. County of Otsego
green
1 sentence2001Rockaway, 272 AD2d 503 ; Armour v England, 210 AD2d 561 ; Staruck v County of Otsego, 285 App Div 476 ). | 1 | 2001–2001 |
Davies v. Incorporated Village of East Rockaway
green
1 sentence2001Rockaway, 272 AD2d 503 ; Armour v England, 210 AD2d 561 ; Staruck v County of Otsego, 285 App Div 476 ). | 1 | 2001–2001 |
Four Seasons Hotels Ltd. v. Vinnik
green
1 sentence1999Fundamentally, a court entertaining a motion to dismiss for failure to state a cause of action may pursuant to CPLR 3211 (c) elect to treat the motion as one for summary judgment so long as the parties have been given prior notice of the court’s intention to do so or, absent such notice, when the parties have “otherwise received ‘adequate notice’ by expressly seeking summary judgment or submitting facts and arguments clearly indicating that they were ‘deliberately charting a summary judgment course’ ” (Mihlovan v Grozavu, 72 NY2d 506, 508 , quoting Four Seasons Hotels v Vinnik, 127 AD2d 310, 3 | 1 | 1999–1999 |
Riviello v. Waldron
green
1 sentence1999Now resolving the motion to dismiss, and limiting our analysis to the sole ground advanced on the motion (i.e., that Beaudet was not the Diocese’s employee and did not in any event act within the scope of his employment), we conclude that the allegations of the complaint state a valid cause of action for vicarious liability against the Diocese based upon the doctrine of respondeat superior (see, Riviello v Waldron, 47 NY2d 297 ). | 1 | 1999–1999 |
Mihlovan v. Grozavu
green
1 sentence1999Fundamentally, a court entertaining a motion to dismiss for failure to state a cause of action may pursuant to CPLR 3211 (c) elect to treat the motion as one for summary judgment so long as the parties have been given prior notice of the court’s intention to do so or, absent such notice, when the parties have “otherwise received ‘adequate notice’ by expressly seeking summary judgment or submitting facts and arguments clearly indicating that they were ‘deliberately charting a summary judgment course’ ” (Mihlovan v Grozavu, 72 NY2d 506, 508 , quoting Four Seasons Hotels v Vinnik, 127 AD2d 310, 3 | 1 | 1999–1999 |
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.