eleventh affirmative defense (New York) · Go Syfert
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eleventh affirmative defense in New York

6 New York opinions name it 2 courts 2010–2025 3 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
92 Bergenbrooklyn, LLC v. Cisaranogreen
nyappterm · 2015 · cited in 2 New York opinions naming this issue, 2024–2024
2 sentences

2024A summary holdover proceeding is commenced when a notice of petition and petition are served on the respondent ( see 92 Bergenbrooklyn, LLC v Cisarano , 50 Misc 3d 21, 26 [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2015]).

2024A summary holdover proceeding is commenced when a notice of petition and petition are served on the respondent ( see 92 Bergenbrooklyn, LLC v Cisarano , 50 Misc 3d 21, 26 [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2015]).

22
Sapienza v. Harrisongreen
nyappdiv · 2021 · cited in 1 New York opinions naming this issue, 2025–2025
1 sentence

2025By order dated August 8, 2023, the court granted the defendants' motion for summary judgment dismissing the complaint. "[T]he issue of a plaintiff's comparative negligence may be decided in the context of a summary judgment motion where, as here, the plaintiff moved for summary judgment dismissing a defendant's affirmative defense of comparative negligence" ( Poon v Nisanov , 162 AD3d 804 , 808; see Sapienza v Harrison , 191 AD3d 1028, 1029 ).

11
Eurycleia Partners, LP v. Seward & Kissel, LLPgreen
ny · 2009 · cited in 1 New York opinions naming this issue, 2019–2019
2 sentences

2019In support of the eleventh affirmative defense and first counterclaim alleging fraudulent inducement ( see Eurycleia Partners, LP v Seward & Kissel, LLP , 12 NY3d 553, 559 [2009]), defendant alleges, as relevant herein, that, during a conference call with its CEO and CFO, plaintiff Solomon Sharbat, who was at the time a registered broker dealer with the Financial Industry Regulatory Authority (FINRA), represented, on behalf of himself and the other plaintiffs, that he had previously run a publicly traded U.S. company, that he had raised hundreds of millions of dollars for other biotech compani

2019In support of the eleventh affirmative defense and first counterclaim alleging fraudulent inducement ( see Eurycleia Partners, LP v Seward & Kissel, LLP , 12 NY3d 553, 559 [2009]), defendant alleges, as relevant herein, that, during a conference call with its CEO and CFO, plaintiff Solomon Sharbat, who was at the time a registered broker dealer with the Financial Industry Regulatory Authority (FINRA), represented, on behalf of himself and the other plaintiffs, that he had previously run a publicly traded U.S. company, that he had raised hundreds of millions of dollars for other biotech compani

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 (4)

CaseCitedYears
DLJ Mortgage Capital, Inc. v. 44 Brushy Neck, Ltd. green
nyappdiv · 2008
1 sentence

2019Capital, Inc. v 44 Brushy Neck, Ltd. , 51 AD3d 857, 858 ).

12019–2019
Sidamonidze v. Kay green
nyappdiv · 2003
2 sentences

2019In support of the eleventh affirmative defense and first counterclaim alleging fraudulent inducement ( see Eurycleia Partners, LP v Seward & Kissel, LLP , 12 NY3d 553, 559 [2009]), defendant alleges, as relevant herein, that, during a conference call with its CEO and CFO, plaintiff Solomon Sharbat, who was at the time a registered broker dealer with the Financial Industry Regulatory Authority (FINRA), represented, on behalf of himself and the other plaintiffs, that he had previously run a publicly traded U.S. company, that he had raised hundreds of millions of dollars for other biotech compani

2019In support of the eleventh affirmative defense and first counterclaim alleging fraudulent inducement ( see Eurycleia Partners, LP v Seward & Kissel, LLP , 12 NY3d 553, 559 [2009]), defendant alleges, as relevant herein, that, during a conference call with its CEO and CFO, plaintiff Solomon Sharbat, who was at the time a registered broker dealer with the Financial Industry Regulatory Authority (FINRA), represented, on behalf of himself and the other plaintiffs, that he had previously run a publicly traded U.S. company, that he had raised hundreds of millions of dollars for other biotech compani

12019–2019
HSBC Bank USA Ex Rel. Deutsche Alt-A Securities Mortgage Loan Trust Series 2006-AR5 v. Armijos green
nyappdiv · 2017
1 sentence

2019The first affirmative defense is without merit as a matter of law, as the plaintiff established that it had possession of the note at the time it commenced this action and Gonzalez failed to raise any triable issue of fact ( see HSBC Bank USA, N.A. v Armijos , 151 AD3d 943, 944 ).

12019–2019
Manshion Joho Center Co. v. Manshion Joho Center, Inc. green
nyappdiv · 2005
1 sentence

2010Co., Ltd. v Manshion Joho Ctr., Inc., 24 AD3d 189 [2005]).

12010–2010

Where else courts name it

NY 6 (2010–2025) CA 3 (2020–2026)

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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