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

6 New York opinions name it 1 courts 2004–2014 0 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
Bauerlein v. Salvation Armygreen
nyappdiv · 2010 · cited in 2 New York opinions naming this issue, 2014–2014
2 sentences

2014Since, in opposition, the plaintiffs failed to raise a triable issue of fact, the Supreme Court erred in denying that branch of Mack’s motion (see Bauerlein v Salvation Army, 74 AD3d 851, 855 [2010]).

2014Since, in opposition, the plaintiffs failed to raise a triable issue of fact, the Supreme Court erred in denying that branch of Mack’s motion (see Bauerlein v Salvation Army, 74 AD3d 851, 855 [2010]).

22
Zuckerman v. City of New Yorkgreen
ny · 1980 · cited in 3 New York opinions naming this issue, 2004–2014
2 sentences

2014Mack and Bostrom, however, failed to establish their prima facie entitlement to judgment as a matter of law dismissing so much of the complaint as alleged negligence and strict products liability based upon a manufacturing defect (see Zuckerman v City of New York, 49 NY2d at 562 ; cf. Preston v Peter Luger Enters., Inc., 51 AD3d at 1324).

2014Mack and Bostrom, however, failed to establish their prima facie entitlement to judgment as a matter of law dismissing so much of the complaint as alleged negligence and strict products liability based upon a manufacturing defect (see Zuckerman v City of New York, 49 NY2d at 562 ; cf. Preston v Peter Luger Enters., Inc., 51 AD3d at 1324).

13
Pepe v. Center for Jewish History, Inc.green
nyappdiv · 2009 · cited in 1 New York opinions naming this issue, 2012–2012
1 sentence

2012Corp., 49 AD3d 380 [2008]; see also Pepe v Center for Jewish History, Inc., 59 AD3d 277 [2009]).

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 (2)

CaseCitedYears
Lotz v. Aramark Services, Inc. green
nyappdiv · 2012
2 sentences

2013Ordinarily, the breach of a contractual obligation is not sufficient in and of itself to impose tort liability upon the promisor to noncontracting parties (see Lotz v Aramark Servs., Inc., 98 AD3d 602 , 603 [2012]).

2013Ordinarily, the breach of a contractual obligation is not sufficient in and of itself to impose tort liability upon the promisor to noncontracting parties (see Lotz v Aramark Servs., Inc., 98 AD3d 602 , 603 [2012]).

22013–2013
Paltie v. Marquise Construction Corp. neutral
nyappdiv · 2008
1 sentence

2012Corp., 49 AD3d 380 [2008]; see also Pepe v Center for Jewish History, Inc., 59 AD3d 277 [2009]).

12012–2012

Where else courts name it

IL 9 (1971–2015) CA 7 (2016–2025) MN 7 (1984–2019) NY 6 (2004–2014) GA 5 (1998–2020) TX 4 (1996–2023) AL 4 (2009–2018) FL 3 (1994–2017) DE 3 (2021–2021) SC 2 (2013–2020) MS 2 (1994–2024) DC 2 (1990–2007) KS 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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