Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
6 New York opinions name it 2 courts 1973–2025 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 |
|---|---|---|
Kirby v. Carlo's Bakery 42nd & 8th LLCgreen1 sentence2025See Mendoza v. Cornell Univ., 215 A.D.3d 590, 591 [1st Dept. 2023] (holding that dismissal is proper where a plaintiff did not allege that they worked more than 40 hours a week and did not give sufficient detail to support a reasonable inference that she worked more than 40 hours in a given week); Kirby v. Carlo’s Bakery 42nd & 8th LLC, 212 A.D.3d 441, 442 [1st Dept. 2023] (holding that a plaintiff has a valid claim when alleging that she worked more than 40 hours per week and that she was never paid for the overtime). | 1 | 1 |
Mendoza v. Cornell Univ.green1 sentence2025See Mendoza v. Cornell Univ., 215 A.D.3d 590, 591 [1st Dept. 2023] (holding that dismissal is proper where a plaintiff did not allege that they worked more than 40 hours a week and did not give sufficient detail to support a reasonable inference that she worked more than 40 hours in a given week); Kirby v. Carlo’s Bakery 42nd & 8th LLC, 212 A.D.3d 441, 442 [1st Dept. 2023] (holding that a plaintiff has a valid claim when alleging that she worked more than 40 hours per week and that she was never paid for the overtime). | 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 |
|---|---|---|
Gyory v. Radgowski
green
2 sentences1998Accordingly, the court should not have entertained the defendants’ motion for summary judgment at this juncture, and the case should have been referred to the Workers’ Compensation Board for a factual determination as to whether the plaintiff has a valid claim for damages or whether she is relegated to benefits under the Workers’ Compensation Law (see, Smalls v Kaufmann, 112 AD2d 986 ; Gyory v Radgowski, 89 AD2d 867 ). 1989The instant case should be referred to the Workers’ Compensation Board for a factual hearing at which evidence will be received, and upon which the Board can make a reasoned, factual determination as to whether the plaintiff has a valid claim for damages or whether she is relegated to benefits under the Workers’ Compensation Law (see, Smalls v Kaufmann, 112 AD2d 986 ; Gyory v Radgowski, 89 AD2d 867 ). | 2 | 1989–1998 |
Smalls v. Kaufmann
neutral
2 sentences1998Accordingly, the court should not have entertained the defendants’ motion for summary judgment at this juncture, and the case should have been referred to the Workers’ Compensation Board for a factual determination as to whether the plaintiff has a valid claim for damages or whether she is relegated to benefits under the Workers’ Compensation Law (see, Smalls v Kaufmann, 112 AD2d 986 ; Gyory v Radgowski, 89 AD2d 867 ). 1989The instant case should be referred to the Workers’ Compensation Board for a factual hearing at which evidence will be received, and upon which the Board can make a reasoned, factual determination as to whether the plaintiff has a valid claim for damages or whether she is relegated to benefits under the Workers’ Compensation Law (see, Smalls v Kaufmann, 112 AD2d 986 ; Gyory v Radgowski, 89 AD2d 867 ). | 2 | 1989–1998 |
Hofrichter v. North Shore University Hospital
green
1 sentence2001Hosp., 271 AD2d 649 ). | 1 | 2001–2001 |
Becker v. Clarkstown Central School District
neutral
1 sentence2000School Dist., supra). | 1 | 2000–2000 |
Manetta v. Town of Hempstead Day Care Center, Inc.
green
1 sentence2000Accordingly, the Supreme Court should have referred the case to the Workers’ Compensation Board for a factual hearing upon which the Board can make a reasoned factual determination as to whether the plaintiff has a valid claim for damages or whether she is relegated to benefits under the Workers’ Compensation Law (see, Manetta v Town of Hempstead Day Care Ctr., supra; Becker v Clarkstown Cent. | 1 | 2000–2000 |
In the Matter of Alfar Dairy, Inc., Debtor. Palm Beach County Board of Public Instruction v. Alfar Dairy, Inc.
green
1 sentence1973Since the plaintiff has a valid claim for transportation services rendered by Brothers- Coach Corporation, debtor in possession, and the defendant has a valid claim against the debtor in possession for damages arising from its breach of the contract the debts are “ mutual ” entitling the defendant to a setoff barring any recovery by the plaintiff (Matter of Alfar Dairy, supra). | 1 | 1973–1973 |
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.