extent plaintiffs claim (New York) · Go Syfert
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extent plaintiffs claim in New York

6 New York opinions name it 3 courts 1991–2022 2 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 (6)

CaseFollowedCited
Gordon v. Dino De Laurentiis Corp.green
nyappdiv · 1988 · cited in 2 New York opinions naming this issue, 2022–2022
2 sentences

2022To the extent plaintiffs claim that LÉman failed to create an environment free from bullying and harassment in violation of its handbook, such allegations are too vague and conclusory to support a claim for breach of contract ( see Gordon v Dino De Laurentiis Corp. , 141 AD2d 435, 436 [1st Dept 1988]).

2022To the extent plaintiffs claim that LÉman failed to create an environment free from bullying and harassment in violation of its handbook, such allegations are too vague and conclusory to support a claim for breach of contract ( see Gordon v Dino De Laurentiis Corp. , 141 AD2d 435, 436 [1st Dept 1988]).

22
Lucchesi v. Perfettogreen
nyappdiv · 2010 · cited in 1 New York opinions naming this issue, 2015–2015
1 sentence

2015Accordingly, to the extent plaintiffs claim damages for flooding that occurred before August 18, 2007 (three years prior to the filing of the complaint), those claims are time-barred (see Lucchesi v Perfetto, 72 AD3d 909, 912 [2d Dept 2010]; see also CPLR 214 [4]).

11
Wagshall v. Wagshallgreen
nyappdiv · 1989 · cited in 1 New York opinions naming this issue, 2015–2015
2 sentences

2015Francis Hosp. & Health Ctrs., 21 NY3d 480, 486 [2013]; D’Amico v Christie, 71 NY2d 76, 88 [1987]; Conboy v Mogeloff, 172 AD2d 912, 913 [3d Dept 1991], lv denied 78 NY2d 862 [1991]; Wagshall v Wagshall, 148 AD2d 445, 447 [2d Dept 1989], appeal dismissed and lv denied 74 NY2d 781 [1989]; Cartier v Long Is.

2015Francis Hosp. & Health Ctrs., 21 NY3d 480, 486 [2013]; D'Amico v Christie, 71 NY2d 76, 88 [1987]; Conboy v Mogeloff, 172 AD2d 912, 913 [3d Dept 1991], lv denied 78 NY2d 862 [1991]; Wagshall v Wagshall, 148 AD2d 445, 447 [2d Dept 1989], appeal dismissed and lv denied 74 NY2d 781 [1989]; Cartier v Long Is.

11
Conboy v. Mogeloffgreen
nyappdiv · 1991 · cited in 1 New York opinions naming this issue, 2015–2015
2 sentences

2015Francis Hosp. & Health Ctrs., 21 NY3d 480, 486 [2013]; D’Amico v Christie, 71 NY2d 76, 88 [1987]; Conboy v Mogeloff, 172 AD2d 912, 913 [3d Dept 1991], lv denied 78 NY2d 862 [1991]; Wagshall v Wagshall, 148 AD2d 445, 447 [2d Dept 1989], appeal dismissed and lv denied 74 NY2d 781 [1989]; Cartier v Long Is.

2015Francis Hosp. & Health Ctrs., 21 NY3d 480, 486 [2013]; D'Amico v Christie, 71 NY2d 76, 88 [1987]; Conboy v Mogeloff, 172 AD2d 912, 913 [3d Dept 1991], lv denied 78 NY2d 862 [1991]; Wagshall v Wagshall, 148 AD2d 445, 447 [2d Dept 1989], appeal dismissed and lv denied 74 NY2d 781 [1989]; Cartier v Long Is.

11
Kowalski v. St. Francis Hospital & Health Centersgreen
ny · 2013 · cited in 1 New York opinions naming this issue, 2015–2015
2 sentences

2015Francis Hosp. & Health Ctrs., 21 NY3d 480, 486 [2013]; D’Amico v Christie, 71 NY2d 76, 88 [1987]; Conboy v Mogeloff, 172 AD2d 912, 913 [3d Dept 1991], lv denied 78 NY2d 862 [1991]; Wagshall v Wagshall, 148 AD2d 445, 447 [2d Dept 1989], appeal dismissed and lv denied 74 NY2d 781 [1989]; Cartier v Long Is.

2015Francis Hosp. & Health Ctrs., 21 NY3d 480, 486 [2013]; D'Amico v Christie, 71 NY2d 76, 88 [1987]; Conboy v Mogeloff, 172 AD2d 912, 913 [3d Dept 1991], lv denied 78 NY2d 862 [1991]; Wagshall v Wagshall, 148 AD2d 445, 447 [2d Dept 1989], appeal dismissed and lv denied 74 NY2d 781 [1989]; Cartier v Long Is.

11
D'Amico v. Christiegreen
ny · 1987 · cited in 1 New York opinions naming this issue, 2015–2015
2 sentences

2015Francis Hosp. & Health Ctrs., 21 NY3d 480, 486 [2013]; D’Amico v Christie, 71 NY2d 76, 88 [1987]; Conboy v Mogeloff, 172 AD2d 912, 913 [3d Dept 1991], lv denied 78 NY2d 862 [1991]; Wagshall v Wagshall, 148 AD2d 445, 447 [2d Dept 1989], appeal dismissed and lv denied 74 NY2d 781 [1989]; Cartier v Long Is.

2015Francis Hosp. & Health Ctrs., 21 NY3d 480, 486 [2013]; D'Amico v Christie, 71 NY2d 76, 88 [1987]; Conboy v Mogeloff, 172 AD2d 912, 913 [3d Dept 1991], lv denied 78 NY2d 862 [1991]; Wagshall v Wagshall, 148 AD2d 445, 447 [2d Dept 1989], appeal dismissed and lv denied 74 NY2d 781 [1989]; Cartier v Long Is.

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 (6)

CaseCitedYears
Purdy v. Public Administrator green
ny · 1988
2 sentences

2015To the extent plaintiffs claim that defendants had a duty to actually prevent Walsh from leaving the Hospital — as opposed to merely issuing a warning against driving — defendants did not have “sufficient authority and ability to control” Walsh’s conduct to give rise to such a duty (Purdy, 72 NY2d at 8-9 ; see Kowalski v St.

2015Under the Court's decision in this case, the class of 2 To the extent plaintiffs claim that defendants had a duty to actually prevent Walsh from leaving the hospital -- as opposed to merely issuing a warning against driving -- defendants did not have "sufficient authority and ability to control" Walsh's conduct to give rise to such a duty (Purdy, 72 NY2d at 8-9 ; see Kowalski v St.

12015–2015
Robertson v. City of New York neutral
ny · 1989
2 sentences

2015Francis Hosp. & Health Ctrs., 21 NY3d 480, 486 [2013]; D’Amico v Christie, 71 NY2d 76, 88 [1987]; Conboy v Mogeloff, 172 AD2d 912, 913 [3d Dept 1991], lv denied 78 NY2d 862 [1991]; Wagshall v Wagshall, 148 AD2d 445, 447 [2d Dept 1989], appeal dismissed and lv denied 74 NY2d 781 [1989]; Cartier v Long Is.

2015Francis Hosp. & Health Ctrs., 21 NY3d 480, 486 [2013]; D'Amico v Christie, 71 NY2d 76, 88 [1987]; Conboy v Mogeloff, 172 AD2d 912, 913 [3d Dept 1991], lv denied 78 NY2d 862 [1991]; Wagshall v Wagshall, 148 AD2d 445, 447 [2d Dept 1989], appeal dismissed and lv denied 74 NY2d 781 [1989]; Cartier v Long Is.

12015–2015
Cipollone v. Liggett Group, Inc. green
scotus · 1992
1 sentence

1996Insofar as plaintiff’s claim relies upon a State law duty to disclose such facts other than through "labels or advertising”, it would not be preempted (Cipollone v Liggett Group, supra, 505 US, at 527 ).

11996–1996
Columbus Trust Co. v. Campolo green
nyappdiv · 1985
1 sentence

1991To the extent plaintiffs also claim they were fraudulently induced into executing their disclaimer by the oral statements of a co-op board member that the basement space did not exist, the issue purportedly raised thereby is feigned and insufficient to defeat summary judgment, as plaintiffs’ own disclaimer, on its face, recognizes the existence of a basement recreation room (see, Columbus Trust Co. v Campolo, 110 AD2d 616 , affd 66 NY2d 701 ).

11991–1991
Austin Instrument, Inc. v. Loral Corp. green
ny · 1971
1 sentence

1991Further, there is no merit to plaintiffs’ claim of duress (see, Austin Instrument v Loral Corp., 29 NY2d 124 ).

11991–1991
Columbus Trust Co. v. Campolo green
ny · 1985
1 sentence

1991To the extent plaintiffs also claim they were fraudulently induced into executing their disclaimer by the oral statements of a co-op board member that the basement space did not exist, the issue purportedly raised thereby is feigned and insufficient to defeat summary judgment, as plaintiffs’ own disclaimer, on its face, recognizes the existence of a basement recreation room (see, Columbus Trust Co. v Campolo, 110 AD2d 616 , affd 66 NY2d 701 ).

11991–1991

Where else courts name it

CA 10 (2013–2025) NY 6 (1991–2022) MI 2 (2016–2016) IA 2 (1997–2025) CO 2 (2025–2025)

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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