failure to meet requirement (New York) · Go Syfert
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failure to meet requirement in New York

6 New York opinions name it 2 courts 1985–2024 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 (2)

CaseFollowedCited
Zuckerman v. City of New Yorkgreen
ny · 1980 · cited in 4 New York opinions naming this issue, 1985–2024
2 sentences

2024In opposition, the defendants INO Transportation Corp. and Okpalaku neither produced [*3]evidentiary proof in admissible form to raise a triable issue of fact nor demonstrated an acceptable excuse for the failure to meet the requirement of tender in admissible form ( see Zuckerman v City of New York , 49 NY2d 557, 562 [1980]; Vaccariello v Meineke Car Care Ctr., Inc. , 136 AD3d 890, 893 [2d Dept 2016]).

2024In opposition, the defendants INO Transportation Corp. and Okpalaku neither produced [*3]evidentiary proof in admissible form to raise a triable issue of fact nor demonstrated an acceptable excuse for the failure to meet the requirement of tender in admissible form ( see Zuckerman v City of New York , 49 NY2d 557, 562 [1980]; Vaccariello v Meineke Car Care Ctr., Inc. , 136 AD3d 890, 893 [2d Dept 2016]).

34
Vaccariello v. Meineke Car Care Center, Inc.green
nyappdiv · 2016 · cited in 3 New York opinions naming this issue, 2016–2024
2 sentences

2024In opposition, the defendants INO Transportation Corp. and Okpalaku neither produced [*3]evidentiary proof in admissible form to raise a triable issue of fact nor demonstrated an acceptable excuse for the failure to meet the requirement of tender in admissible form ( see Zuckerman v City of New York , 49 NY2d 557, 562 [1980]; Vaccariello v Meineke Car Care Ctr., Inc. , 136 AD3d 890, 893 [2d Dept 2016]).

2024In opposition, the defendants INO Transportation Corp. and Okpalaku neither produced [*3]evidentiary proof in admissible form to raise a triable issue of fact nor demonstrated an acceptable excuse for the failure to meet the requirement of tender in admissible form ( see Zuckerman v City of New York , 49 NY2d 557, 562 [1980]; Vaccariello v Meineke Car Care Ctr., Inc. , 136 AD3d 890, 893 [2d Dept 2016]).

33

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
Jiang-Hong Chen v. Heart Transit, Inc. green
nyappdiv · 2016
2 sentences

2024The defendant driver Okpalaku's unsworn MV-104 accident report and driver accident statement (presumably written for his employer or insurance carrier) constitute inadmissible hearsay, and were insufficient to raise a triable issue of fact ( see Jiang-Hong Chen v Heart Tr., Inc. , 143 AD3d at 946 ; Allstate Ins.

2024The defendant driver Okpalaku's unsworn MV-104 accident report and driver accident statement (presumably written for his employer or insurance carrier) constitute inadmissible hearsay, and were insufficient to raise a triable issue of fact ( see Jiang-Hong Chen v Heart Tr., Inc. , 143 AD3d at 946 ; Allstate Ins.

22024–2024
Shapiro v. Butler green
nyappdiv · 2000
1 sentence

2002The declarant, a part-owner of third-party defendant Superman Contracting, was shown to be unavailable to Townsend and in the control of Superman (see, Shapiro v Butler, 273 AD2d 657, 659-660 ).

12002–2002
ITT Commercial Finance Corp. v. Union Bank & Trust Co. green
indctapp · 1988
1 sentence

1998Corp. v Union Bank & Trust Co., 528 NE2d 1149 [Ind]; Wade Credit Corp. v Borg-Warner Acceptance Corp., 83 Ore App 479, 732 P2d 76 ; Matter of Manuel, 33 UCC Rep Serv 691 [US Bankr Ct, D SC]).

11998–1998
Wade Credit Corp. v. Borg-Warner Acceptance Corp. green
orctapp · 1987
1 sentence

1998Corp. v Union Bank & Trust Co., 528 NE2d 1149 [Ind]; Wade Credit Corp. v Borg-Warner Acceptance Corp., 83 Ore App 479, 732 P2d 76 ; Matter of Manuel, 33 UCC Rep Serv 691 [US Bankr Ct, D SC]).

11998–1998
Valley Bank v. Estate of Rainsdon neutral
idahoctapp · 1990
2 sentences

1998Although the “closely allied” test was not discussed by the North Platte court, which focused instead on the preloan passage to the debtor of all rights in the collateral, the case is in fact an illustration of a failure to meet that test’s requirements (see also, e.g., First Interstate Bank v Internal Revenue Serv., 930 F2d 1521; Valley Bank v Estate of Rainsdon, 117 Idaho 1085 , 793 P2d 1257 ; ITT Commercial Fin.

1998Although the “closely allied” test was not discussed by the North Platte court, which focused instead on the preloan passage to the debtor of all rights in the collateral, the case is in fact an illustration of a failure to meet that test’s requirements (see also, e.g., First Interstate Bank v Internal Revenue Serv., 930 F2d 1521; Valley Bank v Estate of Rainsdon, 117 Idaho 1085 , 793 P2d 1257 ; ITT Commercial Fin.

11998–1998

Where else courts name it

TX 30 (1986–2026) CA 16 (1942–2026) TN 13 (1984–2026) IL 6 (1974–2023) NY 6 (1985–2024) RI 5 (2006–2024) OH 5 (1996–2023) OR 5 (1907–2017) MO 3 (1968–2000) AZ 3 (1986–2022) ID 3 (1987–2008) VT 3 (1993–2023) AR 3 (1995–2017) DE 3 (2022–2026) FL 3 (1972–2025) PA 2 (1972–2006) WI 2 (2017–2017) NJ 2 (2011–2020) IN 2 (2003–2018)

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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