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6 New York opinions name it 2 courts 1992–2025 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.
| Case | Followed | Cited |
|---|---|---|
Ripp v. Rippgreen1 sentence2025Applying the doctrine of res judicata under this seemingly unprecedented circumstance has the potential to lead to an absurd result for Bartley: "The right to partition is not absolute" and "is always subject to the equities between the parties" ( Clarke v Clarke , 227 AD3d at 661, citing Goldberger v Rudnicki , 94 AD3d 1048, 1050 ; see Ripp v Ripp , 38 AD2d 65, 68 , affd 32 NY2d 755 ). | 1 | 1 |
Ripp v. Rippgreen1 sentence2025Applying the doctrine of res judicata under this seemingly unprecedented circumstance has the potential to lead to an absurd result for Bartley: "The right to partition is not absolute" and "is always subject to the equities between the parties" ( Clarke v Clarke , 227 AD3d at 661, citing Goldberger v Rudnicki , 94 AD3d 1048, 1050 ; see Ripp v Ripp , 38 AD2d 65, 68 , affd 32 NY2d 755 ). | 1 | 1 |
Green v. Rozenholcgreen2 sentences2014Rather, the allegations show that the actions taken by the Morgan defendants were in fact prompted by, and in response to, plaintiffs harassing conduct of photographing and recording them under the guise of exercising his First Amendment rights (compare Shannon v MTA Metro-N. R.R., 269 AD2d 218 [1st Dept 2000], modfg on other grounds Sup Ct, NY County, June 9, 1999, Lippmann, J., index No. 113786/96, [pattern of harassment by defendant in retaliation for plaintiffs filing grievance against his supervisor]; Vasarhelyi v New School for Social Research, 230 AD2d 658 [1st Dept 1996] [pattern of ha 2014Rather, the allegations show that the actions taken by the Morgan defendants were in fact prompted by, and in response to, plaintiffs harassing conduct of photographing and recording them under the guise of exercising his First Amendment rights (compare Shannon v MTA Metro-N. R.R., 269 AD2d 218 [1st Dept 2000], modfg on other grounds Sup Ct, NY County, June 9, 1999, Lippmann, J., index No. 113786/96, [pattern of harassment by defendant in retaliation for plaintiffs filing grievance against his supervisor]; Vasarhelyi v New School for Social Research, 230 AD2d 658 [1st Dept 1996] [pattern of ha | 1 | 1 |
Nader v. General Motors Corp.green1 sentence2014Even accepting plaintiffs allegations as true, the complaint does not establish that all the alleged torts of assaults and batteries, threats, defamation, false arrests, and malicious prosecution were part of “a deliberate, malicious and relentless campaign of harassment and intimidation” engaged in by the Morgan defendants to inflict severe emotional distress on plaintiff (see Nader v General Motors Corp., 25 NY2d 560, 569 [1970]; Seltzer v Bayer, 272 AD2d 263, 264-265 [1st Dept 2000]). | 1 | 1 |
Seltzer v. Bayergreen1 sentence2014Even accepting plaintiffs allegations as true, the complaint does not establish that all the alleged torts of assaults and batteries, threats, defamation, false arrests, and malicious prosecution were part of “a deliberate, malicious and relentless campaign of harassment and intimidation” engaged in by the Morgan defendants to inflict severe emotional distress on plaintiff (see Nader v General Motors Corp., 25 NY2d 560, 569 [1970]; Seltzer v Bayer, 272 AD2d 263, 264-265 [1st Dept 2000]). | 1 | 1 |
Zuckerman v. Zuckermangreen2 sentences2007“There is no outstanding court order in favor of the [Morgan defendants] which would be frustrated by the discontinuance . . . [T]he matter [has not] proceeded through a trial on the merits” (Zuckerman v Zuckerman, 105 AD2d 782, 783 [1984] [citations omitted]; see Kaplan v Village of Ossining, 35 AD3d 816 [2006]; Hirschfeld v Stahl, 242 AD2d 214 [1997]), and no counterclaim has been interposed by the Morgan defendants against plaintiff {see Aison v Hudson Riv. 2007Neither the delay in the resolution of this action nor the expense the Morgan defendants incurred in preparing their defense is sufficient to warrant denying plaintiff s motion for a discontinuance (see Eugenia VI Venture Holdings, Ltd. v Maple-Wood Equity Partners, L.P., 38 AD3d 264 [2007]; Zuckerman, supra). | 1 | 1 |
Kaplan v. Village of Ossininggreen1 sentence2007“There is no outstanding court order in favor of the [Morgan defendants] which would be frustrated by the discontinuance . . . [T]he matter [has not] proceeded through a trial on the merits” (Zuckerman v Zuckerman, 105 AD2d 782, 783 [1984] [citations omitted]; see Kaplan v Village of Ossining, 35 AD3d 816 [2006]; Hirschfeld v Stahl, 242 AD2d 214 [1997]), and no counterclaim has been interposed by the Morgan defendants against plaintiff {see Aison v Hudson Riv. | 1 | 1 |
Mathias v. Daily News, L.P.green1 sentence2007The determination of a motion for leave to discontinue an action without prejudice pursuant to CPLR 3217 (b) rests within the sound discretion of the trial court {Mathias v Daily News, 301 AD2d 503, 504 [2003], citing Tucker v Tucker, 55 NY2d 378, 383 [1982]). | 1 | 1 |
Tucker v. Tuckergreen1 sentence2007The determination of a motion for leave to discontinue an action without prejudice pursuant to CPLR 3217 (b) rests within the sound discretion of the trial court {Mathias v Daily News, 301 AD2d 503, 504 [2003], citing Tucker v Tucker, 55 NY2d 378, 383 [1982]). | 1 | 1 |
People v. Calbud, Inc.green2 sentences1994(See, e.g., Thayer, A Preliminary Treatise on Evidence, at 337 [1898]; Morgan, Basic Problems of Evidence, at 31-44 [1962]; Morgan, Instructing the Jury Upon Presumptions and Burden of Proof, 47 Harv L Rev 59, 82-83 [1933].) 6 Once the Assistant advised the Grand Jury that the law permits a rebuttable inference of knowledge from mere possession, he was required, in the particular circumstances of this case, to have given it the other, necessary, half of the instruction, i.e., that all that is needed to negative the inference is "some plausible evidentially grounded explanation as to how the de 1994(See, e.g., Thayer, A Preliminary Treatise on Evidence, at 337 [1898]; Morgan, Basic Problems of Evidence, at 31-44 [1962]; Morgan, Instructing the Jury Upon Presumptions and Burden of Proof, 47 Harv L Rev 59, 82-83 [1933].) 6 Once the Assistant advised the Grand Jury that the law permits a rebuttable inference of knowledge from mere possession, he was required, in the particular circumstances of this case, to have given it the other, necessary, half of the instruction, i.e., that all that is needed to negative the inference is "some plausible evidentially grounded explanation as to how the de | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Wardally v. Wardally
neutral
1 sentence2025Here, by contrast, Morgan's motion for summary judgment in the partition action did not result in a final determination, but merely resulted in the appointment of a referee to determine the rights, shares, or interests of the parties, as was required by statute ( see RPAPL 911; Clarke v [*3]Clarke , 227 AD3d at 661; Wardally v Wardally , 186 AD3d 531, 532 ). | 1 | 2025–2025 |
Goldberger v. Rudnicki
green
1 sentence2025Applying the doctrine of res judicata under this seemingly unprecedented circumstance has the potential to lead to an absurd result for Bartley: "The right to partition is not absolute" and "is always subject to the equities between the parties" ( Clarke v Clarke , 227 AD3d at 661, citing Goldberger v Rudnicki , 94 AD3d 1048, 1050 ; see Ripp v Ripp , 38 AD2d 65, 68 , affd 32 NY2d 755 ). | 1 | 2025–2025 |
Vasarhelyi v. New School for Social Research
green
2 sentences2014Rather, the allegations show that the actions taken by the Morgan defendants were in fact prompted by, and in response to, plaintiffs harassing conduct of photographing and recording them under the guise of exercising his First Amendment rights (compare Shannon v MTA Metro-N. R.R., 269 AD2d 218 [1st Dept 2000], modfg on other grounds Sup Ct, NY County, June 9, 1999, Lippmann, J., index No. 113786/96, [pattern of harassment by defendant in retaliation for plaintiffs filing grievance against his supervisor]; Vasarhelyi v New School for Social Research, 230 AD2d 658 [1st Dept 1996] [pattern of ha 2014Rather, the allegations show that the actions taken by the Morgan defendants were in fact prompted by, and in response to, plaintiffs harassing conduct of photographing and recording them under the guise of exercising his First Amendment rights (compare Shannon v MTA Metro-N. R.R., 269 AD2d 218 [1st Dept 2000], modfg on other grounds Sup Ct, NY County, June 9, 1999, Lippmann, J., index No. 113786/96, [pattern of harassment by defendant in retaliation for plaintiffs filing grievance against his supervisor]; Vasarhelyi v New School for Social Research, 230 AD2d 658 [1st Dept 1996] [pattern of ha | 1 | 2014–2014 |
Shannon v. MTA Metro-North Railroad
green
2 sentences2014Rather, the allegations show that the actions taken by the Morgan defendants were in fact prompted by, and in response to, plaintiffs harassing conduct of photographing and recording them under the guise of exercising his First Amendment rights (compare Shannon v MTA Metro-N. R.R., 269 AD2d 218 [1st Dept 2000], modfg on other grounds Sup Ct, NY County, June 9, 1999, Lippmann, J., index No. 113786/96, [pattern of harassment by defendant in retaliation for plaintiffs filing grievance against his supervisor]; Vasarhelyi v New School for Social Research, 230 AD2d 658 [1st Dept 1996] [pattern of ha 2014Rather, the allegations show that the actions taken by the Morgan defendants were in fact prompted by, and in response to, plaintiffs harassing conduct of photographing and recording them under the guise of exercising his First Amendment rights (compare Shannon v MTA Metro-N. R.R., 269 AD2d 218 [1st Dept 2000], modfg on other grounds Sup Ct, NY County, June 9, 1999, Lippmann, J., index No. 113786/96, [pattern of harassment by defendant in retaliation for plaintiffs filing grievance against his supervisor]; Vasarhelyi v New School for Social Research, 230 AD2d 658 [1st Dept 1996] [pattern of ha | 1 | 2014–2014 |
Eugenia VI Venture Holdings, Ltd. v. MapleWood Equity Partners, L.P.
green
1 sentence2007Neither the delay in the resolution of this action nor the expense the Morgan defendants incurred in preparing their defense is sufficient to warrant denying plaintiff s motion for a discontinuance (see Eugenia VI Venture Holdings, Ltd. v Maple-Wood Equity Partners, L.P., 38 AD3d 264 [2007]; Zuckerman, supra). | 1 | 2007–2007 |
Hirschfeld v. Stahl
neutral
1 sentence2007“There is no outstanding court order in favor of the [Morgan defendants] which would be frustrated by the discontinuance . . . [T]he matter [has not] proceeded through a trial on the merits” (Zuckerman v Zuckerman, 105 AD2d 782, 783 [1984] [citations omitted]; see Kaplan v Village of Ossining, 35 AD3d 816 [2006]; Hirschfeld v Stahl, 242 AD2d 214 [1997]), and no counterclaim has been interposed by the Morgan defendants against plaintiff {see Aison v Hudson Riv. | 1 | 2007–2007 |
Baltia Air Lines, Inc. v. CIBC Oppenheimer Corp.
green
1 sentence2007Plaintiff did not seek the discontinuance to evade the consequences of an adverse decision on the Morgan defendants’ pending motion for summary judgment (cf. Matter of Baltia Air Lines v CIBC Oppenheimer Corp., 273 AD2d 55 [2000], lv denied 95 NY2d 767 [2000]). | 1 | 2007–2007 |
People v. Acosta
green
1 sentence1994(See, e.g., Thayer, A Preliminary Treatise on Evidence, at 337 [1898]; Morgan, Basic Problems of Evidence, at 31-44 [1962]; Morgan, Instructing the Jury Upon Presumptions and Burden of Proof, 47 Harv L Rev 59, 82-83 [1933].) 6 Once the Assistant advised the Grand Jury that the law permits a rebuttable inference of knowledge from mere possession, he was required, in the particular circumstances of this case, to have given it the other, necessary, half of the instruction, i.e., that all that is needed to negative the inference is "some plausible evidentially grounded explanation as to how the de | 1 | 1994–1994 |
Caselli v. City of New York
green
1 sentence1992The investigation reports connect the occurrence with Morgan’s claim of negligence on the part of the appellant, thereby furnishing actual knowledge of the essential facts underlying the claim (see, Caselli v City of New York, 105 AD2d 251 ). | 1 | 1992–1992 |
Land v. Commissioner of Education
green
1 sentence1992The argument is meritless, for the Commissioner is statutorily authorized to regulate the practice in administrative proceedings (Education Law § 311 [1]), and this court has recognized that a teacher "preserved her right to challenge the Panel’s factual findings by filing a verified answer to the Board’s appeal to the Commissioner which contained affirmative defenses” (Matter of Land v Commissioner of Educ. of State of N. Y., 174 AD2d 927, 928 ). | 1 | 1992–1992 |
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.