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6 New York opinions name it 2 courts 2010–2022 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 |
|---|---|---|
WILLIAMS, DANIELLE v. JUDYCKI, LINDSEY E.green1 sentence2022To the extent plaintiffs seek the return of commissions — that is, "ordinary currency" - no replevin claim lies ( Heckl v Walsh, 122 AD3d 1252, 1254 [4th Dept 2014] [internal quotation marks and brackets omitted]). | 1 | 1 |
Parker v. Blauvelt Volunteer Fire Co.green1 sentence2016The motion court correctly determined that plaintiff’s action alleging replevin was barred by the doctrine of res judicata, because plaintiff had previously brought the same replevin claim against defendant in federal court, and that claim had been litigated and decided on the merits in defendant’s favor (see Parker v Blauvelt Volunteer Fire Co., 93 NY2d 343, 347 [1999]; Miller Mfg. | 1 | 1 |
Miller Manufacturing Co. v. Zeilergreen1 sentence2016Co. v Zeiler, 45 NY2d 956, 958 [1978]). | 1 | 1 |
Peters v. Sotheby's Inc.green1 sentence2010Where replevin is sought against the party who converted the property, the action accrues on the date of conversion (Matter of Peters v Sotheby’s Inc., 34 AD3d 29, 36 [2006], lv denied 8 NY3d 809 [2007]). * Petitioner next asserts that the statute of limitations was restarted in 2004 when respondent purportedly sold The Cry to an affiliate of Marlborough in Liechtenstein. | 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 |
|---|---|---|
Batsidis v. Batsidis
green
2 sentences2019However, to the extent that Christie's is no longer in possession of the Princie Diamond, the replevin claim must be dismissed as "a cause of action sounding in replevin must establish that the defendant is in possession of certain property of which the plaintiff claims to have a superior right" ( Batsidis v Batsidis , 9 AD3d 342 , 343 [2d Dept 2004] [citing G & S Quality v Bank of China, 233 AD2d 215 [1996]; McGough v Leslie , 65 AD3d 895 , 896 [1st Dept 2009]). 2019However, to the extent that Christie's is no longer in possession of the Princie Diamond, the replevin claim must be dismissed as "a cause of action sounding in replevin must establish that the defendant is in possession of certain property of which the plaintiff claims to have a superior right" ( Batsidis v Batsidis , 9 AD3d 342 , 343 [2d Dept 2004] [citing G & S Quality v Bank of China, 233 AD2d 215 [1996]; McGough v Leslie , 65 AD3d 895 , 896 [1st Dept 2009]). | 3 | 2014–2019 |
McGough v. Leslie
green
2 sentences2019However, to the extent that Christie's is no longer in possession of the Princie Diamond, the replevin claim must be dismissed as "a cause of action sounding in replevin must establish that the defendant is in possession of certain property of which the plaintiff claims to have a superior right" ( Batsidis v Batsidis , 9 AD3d 342 , 343 [2d Dept 2004] [citing G & S Quality v Bank of China, 233 AD2d 215 [1996]; McGough v Leslie , 65 AD3d 895 , 896 [1st Dept 2009]). 2019However, to the extent that Christie's is no longer in possession of the Princie Diamond, the replevin claim must be dismissed as "a cause of action sounding in replevin must establish that the defendant is in possession of certain property of which the plaintiff claims to have a superior right" ( Batsidis v Batsidis , 9 AD3d 342 , 343 [2d Dept 2004] [citing G & S Quality v Bank of China, 233 AD2d 215 [1996]; McGough v Leslie , 65 AD3d 895 , 896 [1st Dept 2009]). | 1 | 2019–2019 |
G & S Quality Inc. v. Bank of China
green
2 sentences2019However, to the extent that Christie's is no longer in possession of the Princie Diamond, the replevin claim must be dismissed as "a cause of action sounding in replevin must establish that the defendant is in possession of certain property of which the plaintiff claims to have a superior right" ( Batsidis v Batsidis , 9 AD3d 342 , 343 [2d Dept 2004] [citing G & S Quality v Bank of China, 233 AD2d 215 [1996]; McGough v Leslie , 65 AD3d 895 , 896 [1st Dept 2009]). 2019However, to the extent that Christie's is no longer in possession of the Princie Diamond, the replevin claim must be dismissed as "a cause of action sounding in replevin must establish that the defendant is in possession of certain property of which the plaintiff claims to have a superior right" ( Batsidis v Batsidis , 9 AD3d 342 , 343 [2d Dept 2004] [citing G & S Quality v Bank of China, 233 AD2d 215 [1996]; McGough v Leslie , 65 AD3d 895 , 896 [1st Dept 2009]). | 1 | 2019–2019 |
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.