factual issue necessitating hearing (New York) · Go Syfert
← New York issues

factual issue necessitating hearing in New York

6 New York opinions name it 1 courts 2011–2021 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.

Followed or applied (3)

CaseFollowedCited
People v. Fagangreen
nyappdiv · 1994 · cited in 3 New York opinions naming this issue, 2015–2015
2 sentences

2015Thus, “[w]e conclude that, under the circumstances, defense counsel’s affirmation was sufficient to raise a factual issue necessitating a hearing” (People v Fagan, 203 AD2d 933, 933 [1994]).

2015Thus, “[w]e conclude that, under the circumstances, defense counsel’s affirmation was sufficient to raise a factual issue necessitating a hearing” (People v Fagan, 203 AD2d 933, 933 [1994]).

23
People v. Jonesgreen
nyappdiv · 2015 · cited in 1 New York opinions naming this issue, 2021–2021
1 sentence

2021We conclude that, under these circumstances, defendant sufficiently raised a factual issue necessitating a hearing ( see generally People v Jones , 132 AD3d 1388, 1388-1389 [4th Dept 2015]).

11
Roberts v. Ankagreen
nyappdiv · 2007 · cited in 1 New York opinions naming this issue, 2011–2011
1 sentence

2011The appellants neither refuted the prima facie evidence of proper service nor raised a factual issue necessitating a hearing to determine the validity of service of process (see Wells Fargo Bank, N.A. v McGloster, 48 AD3d at 457 ; Roberts v Anka, 45 AD3d 752, 753-754 [2007]; Simmons First Natl.

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 (5)

CaseCitedYears
Countrywide Home Loans Servicing, LP v. Albert green
nyappdiv · 2010
1 sentence

2018By failing to proffer her own sworn statement as to her actual dwelling place or swear to specific facts rebutting the statements in the process server's affidavit, Perez failed to refute the prima facie evidence of proper service and raise a factual issue necessitating a hearing to determine the validity of service of process ( see NYCTL 2009-A Trust v Tsafatinos , 101 [*2]AD3d 1092; Matter of Goldberger v Gansburg , 85 AD3d at 915 ; Countrywide Home Loans Servicing, LP v Albert , 78 AD3d 983, 984 ; Chemical Bank v Darnley , 300 AD2d 613, 613-614 ).

12018–2018
In re Epstein neutral
nyappdiv · 2011
1 sentence

2018By failing to proffer her own sworn statement as to her actual dwelling place or swear to specific facts rebutting the statements in the process server's affidavit, Perez failed to refute the prima facie evidence of proper service and raise a factual issue necessitating a hearing to determine the validity of service of process ( see NYCTL 2009-A Trust v Tsafatinos , 101 [*2]AD3d 1092; Matter of Goldberger v Gansburg , 85 AD3d at 915 ; Countrywide Home Loans Servicing, LP v Albert , 78 AD3d 983, 984 ; Chemical Bank v Darnley , 300 AD2d 613, 613-614 ).

12018–2018
Chemical Bank v. Darnley green
nyappdiv · 2002
1 sentence

2018By failing to proffer her own sworn statement as to her actual dwelling place or swear to specific facts rebutting the statements in the process server's affidavit, Perez failed to refute the prima facie evidence of proper service and raise a factual issue necessitating a hearing to determine the validity of service of process ( see NYCTL 2009-A Trust v Tsafatinos , 101 [*2]AD3d 1092; Matter of Goldberger v Gansburg , 85 AD3d at 915 ; Countrywide Home Loans Servicing, LP v Albert , 78 AD3d 983, 984 ; Chemical Bank v Darnley , 300 AD2d 613, 613-614 ).

12018–2018
Wells Fargo Bank, N.A. v. Dennis McGloster green
nyappdiv · 2008
1 sentence

2011The appellants neither refuted the prima facie evidence of proper service nor raised a factual issue necessitating a hearing to determine the validity of service of process (see Wells Fargo Bank, N.A. v McGloster, 48 AD3d at 457 ; Roberts v Anka, 45 AD3d 752, 753-754 [2007]; Simmons First Natl.

12011–2011
Simmons First National Bank v. Mandracchia green
nyappdiv · 1998
1 sentence

2011Bank v Mandracchia, 248 AD2d at 375 ).

12011–2011

Statutes the citing opinions construe

NY § N.Y. Penal Law § 265.03 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

← Caselaw search · G Cite Topics · Brief Check