record to rebut presumption in New York

6 New York opinions name it 1 courts 1938–2009 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 (4)

Case	Followed	Cited
Stevens v. Stategreen nyappdiv · 2008 · cited in 1 New York opinions naming this issue, 2009–2009 1 sentence 2009“In reviewing a determination made after a nonjury trial, the power of this Court is as broad as that of the trial court, and this Court may render the judgment it finds ‘warranted by the facts,’ bearing in mind that in a close case, the trial judge had the advantage of seeing the witnesses” (Stevens v State of New York, 47 AD3d 624, 624-625 [2008], quoting Northern Westchester Professional Park Assoc. v Town of Bedford, 60 NY2d 492, 499 [1983]).	1	1
Northern Westchester Professional Park Associates v. Town of Bedfordgreen ny · 1983 · cited in 1 New York opinions naming this issue, 2009–2009 1 sentence 2009“In reviewing a determination made after a nonjury trial, the power of this Court is as broad as that of the trial court, and this Court may render the judgment it finds ‘warranted by the facts,’ bearing in mind that in a close case, the trial judge had the advantage of seeing the witnesses” (Stevens v State of New York, 47 AD3d 624, 624-625 [2008], quoting Northern Westchester Professional Park Assoc. v Town of Bedford, 60 NY2d 492, 499 [1983]).	1	1
Mohammed v. Cortland County Department of Social Servicesgreen nyappdiv · 1992 · cited in 1 New York opinions naming this issue, 1998–1998 1 sentence 1998Although Family Court did not correctly recite the law on the burden of proof, we nevertheless find that there is sufficient proof in this record to rebut the presumption and establish that visitation would not be in the child’s best interest (see, Matter of Simpson v Finnigan, supra, at 593; Matter of Mohammed v Cortland County Dept. of Social Servs., supra, at 908-909).	1	1
Simpson v. Finnigangreen nyappdiv · 1994 · cited in 1 New York opinions naming this issue, 1998–1998 1 sentence 1998Although Family Court did not correctly recite the law on the burden of proof, we nevertheless find that there is sufficient proof in this record to rebut the presumption and establish that visitation would not be in the child’s best interest (see, Matter of Simpson v Finnigan, supra, at 593; Matter of Mohammed v Cortland County Dept. of Social Servs., supra, at 908-909).	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway.

Also cited on this issue (12)

Case	Cited	Years
Dorizas v. Island Insulation Corp. green nyappdiv · 1998 1 sentence 2009Although this presumption of ownership is not conclusive, and may be rebutted by evidence which demonstrates that another individual owned the vehicle in question (see Aronov v Bruins Transp., 294 AD2d 523 [2002]; Dorizas v Island Insulation Corp., 254 AD2d 246 [1998]), there was no evidence in the record to rebut that presumption.	1	2009–2009
Aronov v. Bruins Transportation, Inc. green nyappdiv · 2002 1 sentence 2009Although this presumption of ownership is not conclusive, and may be rebutted by evidence which demonstrates that another individual owned the vehicle in question (see Aronov v Bruins Transp., 294 AD2d 523 [2002]; Dorizas v Island Insulation Corp., 254 AD2d 246 [1998]), there was no evidence in the record to rebut that presumption.	1	2009–2009
Holt v. County of Tioga green ny · 1982 1 sentence 1993In any event, plaintiff could not have been prejudiced by the absence of pretrial discovery on the issue of the local law’s validity unless the local law is, in fact, invalid, and there is no evidence in the record to rebut the presumption that the local law is valid (see, Holt v County of Tioga, 56 NY2d 414, 417 ).	1	1993–1993
People v. Reyes green nyappdiv · 1986 1 sentence 1987In response to the contention that in reaching its verdict the court allowed itself to be influenced by its outrage at the defendant’s professional misconduct, we find nothing in the record to rebut the presumption that the court was able to distinguish proper evidence from improper considerations (see, People v Reyes, 116 AD2d 602, 603 , lv denied 67 NY2d 949 ).	1	1987–1987
Pisarek v. Pisarek green nyappdiv · 1942 1 sentence 1968Furthermore, even if the realty was purchased exclusively with defendant’s individual funds, his act of taking title to it in the names of both himself and plaintiff creates a tenancy by the entirety and gives rise to a presumption that a gift to plaintiff was intended (Secrist v. Secrist, 284 App. Div. 331 , affd. 308 N. Y. 750 ; Hosford v. Hosford, 273 App. Div. 659 ; Pisarek v. Pisarek, 264 App. Div. 986 ; Shapiro v. Shapiro, 208 App. Div. 325 ; Weigert v. Schlesinger, 150 App. Div. 765, 768 , affd. 210 N. Y. 573 ).	1	1968–1968
Knieriem v. . the New York Central Hudson River Rd. Co. neutral ny · 1914 1 sentence 1968Furthermore, even if the realty was purchased exclusively with defendant’s individual funds, his act of taking title to it in the names of both himself and plaintiff creates a tenancy by the entirety and gives rise to a presumption that a gift to plaintiff was intended (Secrist v. Secrist, 284 App. Div. 331 , affd. 308 N. Y. 750 ; Hosford v. Hosford, 273 App. Div. 659 ; Pisarek v. Pisarek, 264 App. Div. 986 ; Shapiro v. Shapiro, 208 App. Div. 325 ; Weigert v. Schlesinger, 150 App. Div. 765, 768 , affd. 210 N. Y. 573 ).	1	1968–1968
Weigert v. Schlesinger green nyappdiv · 1912 1 sentence 1968Furthermore, even if the realty was purchased exclusively with defendant’s individual funds, his act of taking title to it in the names of both himself and plaintiff creates a tenancy by the entirety and gives rise to a presumption that a gift to plaintiff was intended (Secrist v. Secrist, 284 App. Div. 331 , affd. 308 N. Y. 750 ; Hosford v. Hosford, 273 App. Div. 659 ; Pisarek v. Pisarek, 264 App. Div. 986 ; Shapiro v. Shapiro, 208 App. Div. 325 ; Weigert v. Schlesinger, 150 App. Div. 765, 768 , affd. 210 N. Y. 573 ).	1	1968–1968
Shapiro v. Shapiro neutral nyappdiv · 1924 1 sentence 1968Furthermore, even if the realty was purchased exclusively with defendant’s individual funds, his act of taking title to it in the names of both himself and plaintiff creates a tenancy by the entirety and gives rise to a presumption that a gift to plaintiff was intended (Secrist v. Secrist, 284 App. Div. 331 , affd. 308 N. Y. 750 ; Hosford v. Hosford, 273 App. Div. 659 ; Pisarek v. Pisarek, 264 App. Div. 986 ; Shapiro v. Shapiro, 208 App. Div. 325 ; Weigert v. Schlesinger, 150 App. Div. 765, 768 , affd. 210 N. Y. 573 ).	1	1968–1968
Hosford v. Hosford green nyappdiv · 1948 1 sentence 1968Furthermore, even if the realty was purchased exclusively with defendant’s individual funds, his act of taking title to it in the names of both himself and plaintiff creates a tenancy by the entirety and gives rise to a presumption that a gift to plaintiff was intended (Secrist v. Secrist, 284 App. Div. 331 , affd. 308 N. Y. 750 ; Hosford v. Hosford, 273 App. Div. 659 ; Pisarek v. Pisarek, 264 App. Div. 986 ; Shapiro v. Shapiro, 208 App. Div. 325 ; Weigert v. Schlesinger, 150 App. Div. 765, 768 , affd. 210 N. Y. 573 ).	1	1968–1968
Secrist v. Secrist green nyappdiv · 1954 1 sentence 1968Furthermore, even if the realty was purchased exclusively with defendant’s individual funds, his act of taking title to it in the names of both himself and plaintiff creates a tenancy by the entirety and gives rise to a presumption that a gift to plaintiff was intended (Secrist v. Secrist, 284 App. Div. 331 , affd. 308 N. Y. 750 ; Hosford v. Hosford, 273 App. Div. 659 ; Pisarek v. Pisarek, 264 App. Div. 986 ; Shapiro v. Shapiro, 208 App. Div. 325 ; Weigert v. Schlesinger, 150 App. Div. 765, 768 , affd. 210 N. Y. 573 ).	1	1968–1968
Secrist v. Secrist green ny · 1955 1 sentence 1968Furthermore, even if the realty was purchased exclusively with defendant’s individual funds, his act of taking title to it in the names of both himself and plaintiff creates a tenancy by the entirety and gives rise to a presumption that a gift to plaintiff was intended (Secrist v. Secrist, 284 App. Div. 331 , affd. 308 N. Y. 750 ; Hosford v. Hosford, 273 App. Div. 659 ; Pisarek v. Pisarek, 264 App. Div. 986 ; Shapiro v. Shapiro, 208 App. Div. 325 ; Weigert v. Schlesinger, 150 App. Div. 765, 768 , affd. 210 N. Y. 573 ).	1	1968–1968
Ferris v. . Sterling green ny · 1915 1 sentence 1938(Ferris v. Sterling, 214 N. Y. 249 .) We find nothing in the record to rebut this presumption.	1	1938–1938

Where else courts name it

CA 60 (1957–2025) IL 27 (1877–2024) TX 19 (1972–2026) NY 6 (1938–2009) PA 6 (1894–2025) OH 5 (2001–2022) TN 5 (1902–2013) FL 3 (1999–2026) AR 3 (1910–1943) GA 3 (1945–2015) NC 2 (1989–1991) WI 2 (1960–2019) LA 2 (2002–2010) NE 2 (1992–2003) SC 2 (1999–2012)

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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