Howell motion (New York) · Go Syfert
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Howell motion in New York

6 New York opinions name it 2 courts 1998–2025 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
Schwartz v. Public Administratorgreen
ny · 1969 · cited in 1 New York opinions naming this issue, 2025–2025
2 sentences

2025CUNY's determination, reached by way of the parties' contractually mandated ADR process, does not negate Howell's claim that Hill breached the covenant of good faith by frustrating the ADR process itself, and Howell is not collaterally estopped from pursuing its claim based on CUNY's determination ( see Schwartz v Public Admr. of County of Bronx , 24 NY2d 65, 71 [1969]; see also City of New York v Welsbach Elec.

2025CUNY's determination, reached by way of the parties' contractually mandated ADR process, does not negate Howell's claim that Hill breached the covenant of good faith by frustrating the ADR process itself, and Howell is not collaterally estopped from pursuing its claim based on CUNY's determination ( see Schwartz v Public Admr. of County of Bronx , 24 NY2d 65, 71 [1969]; see also City of New York v Welsbach Elec.

11
City of New York v. Welsbach Electric Corp.green
ny · 2007 · cited in 1 New York opinions naming this issue, 2025–2025
2 sentences

2025Corp ., 9 NY3d 124, 128 [2007]).

2025Corp ., 9 NY3d 124, 128 [2007]).

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 (8)

CaseCitedYears
O'Connor v. City of New York green
ny · 1983
1 sentence

2022Proximate cause, of course, would be a question for the finder of fact. - 26 - - 27 - No. 91 In Supreme Court, the City contended that a “special duty can be created . . . when the municipality assumes positive direction and control in the face of a known, blatant and dangerous safety violation.” The City argued that such instances were “rare” because our caselaw required that “the defendant knowingly directed the plaintiff into the path of danger” (citing O’Connor v City of New York, 58 NY2d 184 [1983]) and applied only “where the municipality exercises direct personal supervision over the in

12022–2022
DeSimone v. City of New York green
nyappdiv · 2014
1 sentence

2019Ruttura demonstrated its prima facie entitlement to judgment as a matter of law dismissing the Labor Law § 200 and common-law negligence causes of action insofar as asserted against it ( see DeSimone v City of New York , 121 AD3d 420, 421-422 ).

12019–2019
Comes v. New York State Electric & Gas Corp. green
ny · 1993
1 sentence

2018Labor Law § 200 "is a codification of the common-law duty imposed upon an owner or general contractor to provide construction site workers with a safe place to work" ( Comes v New York State Elec. & Gas Corp ., 82 NY2d 876, 877 ).

12018–2018
Espinal v. Melville Snow Contractors, Inc. green
ny · 2002
1 sentence

2003Howell’s owed no duty to the injured plaintiff since the snow removal contract was not a comprehensive and exclusive property maintenance obligation intended to displace the Village’s duty, as landowner, to safely maintain the premises (see Espinal v Melville Snow Contrs., 98 NY2d 136 [2002]; Grau v Taxter Park Assoc., 283 AD2d 551 [2001]; Pavlovich v Wade Assoc., 274 AD2d 382 [2000]).

12003–2003
Pavlovich v. Wade Associates, Inc. green
nyappdiv · 2000
1 sentence

2003Howell’s owed no duty to the injured plaintiff since the snow removal contract was not a comprehensive and exclusive property maintenance obligation intended to displace the Village’s duty, as landowner, to safely maintain the premises (see Espinal v Melville Snow Contrs., 98 NY2d 136 [2002]; Grau v Taxter Park Assoc., 283 AD2d 551 [2001]; Pavlovich v Wade Assoc., 274 AD2d 382 [2000]).

12003–2003
Gorbatov v. Gardens 75th Street Owners Corp. green
nyappdiv · 2001
1 sentence

2003Howell’s owed no duty to the injured plaintiff since the snow removal contract was not a comprehensive and exclusive property maintenance obligation intended to displace the Village’s duty, as landowner, to safely maintain the premises (see Espinal v Melville Snow Contrs., 98 NY2d 136 [2002]; Grau v Taxter Park Assoc., 283 AD2d 551 [2001]; Pavlovich v Wade Assoc., 274 AD2d 382 [2000]).

12003–2003
Thomas Crimmins Contracting Co. v. City of New York green
ny · 1989
1 sentence

1998Co. v City of New York, 74 NY2d 166 ; Strook & Strook & Lavan v Beltramini, 157 AD2d 590, 591 ).

11998–1998
Stroock v. Beltramini green
nyappdiv · 1990
1 sentence

1998Co. v City of New York, 74 NY2d 166 ; Strook & Strook & Lavan v Beltramini, 157 AD2d 590, 591 ).

11998–1998

Where else courts name it

TN 11 (1998–2018) MS 7 (2001–2023) CA 6 (2013–2024) NY 6 (1998–2025) MI 6 (1980–1999) FL 5 (1981–2018) GA 4 (1981–2013) NC 3 (1936–1996) IN 3 (1986–2020) WI 3 (2006–2008) PA 3 (1996–2000) VA 2 (1975–2006) TX 2 (1944–2006) WA 2 (2019–2025) KS 2 (2000–2015) NJ 2 (1988–1994) AK 2 (1988–1996) LA 2 (1989–1997)

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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