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6 New York opinions name it 3 courts 1947–2012 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.
| Case | Followed | Cited |
|---|---|---|
Vasquez v. Urbahn Associates Inc.green2 sentences2012Moreover, whether foreseeability is an element in any Labor Law § 240 (1) analysis remains a point of contention in our very own department (see Ortega v City of New York, 95 AD3d 125, 126 [2012] [“We hold that a plaintiff is not required to demonstrate that the injury was foreseeable, except in the context of a collapse of a permanent structure”]; Vasquez at 497 [Acosta, J., dissenting] [“the statute imposes no requirement that a particular accident be foreseeable”]). 2012Moreover, whether foreseeability is an element in any Labor Law § 240 (1) analysis remains a point of contention in our very own department (see Ortega v City of New York, 95 AD3d 125, 126 [2012] [“We hold that a plaintiff is not required to demonstrate that the injury was foreseeable, except in the context of a collapse of a permanent structure”]; Vasquez at 497 [Acosta, J., dissenting] [“the statute imposes no requirement that a particular accident be foreseeable”]). | 2 | 2 |
Ortega v. City of New Yorkgreen2 sentences2012Moreover, whether foreseeability is an element in any Labor Law § 240 (1) analysis remains a point of contention in our very own department (see Ortega v City of New York, 95 AD3d 125, 126 [2012] [“We hold that a plaintiff is not required to demonstrate that the injury was foreseeable, except in the context of a collapse of a permanent structure”]; Vasquez at 497 [Acosta, J., dissenting] [“the statute imposes no requirement that a particular accident be foreseeable”]). 2012Moreover, whether foreseeability is an element in any Labor Law § 240 (1) analysis remains a point of contention in our very own department (see Ortega v City of New York, 95 AD3d 125, 126 [2012] [“We hold that a plaintiff is not required to demonstrate that the injury was foreseeable, except in the context of a collapse of a permanent structure”]; Vasquez at 497 [Acosta, J., dissenting] [“the statute imposes no requirement that a particular accident be foreseeable”]). | 2 | 2 |
People v. Thompsongreen1 sentence2010Accordingly, “[t]he evidence in this case satisfies the literal language of the statute” (People v Thompson, 99 NY2d 38, 41 [2002] [refusing to read “credit relationship” requirement into statute defining credit card]). | 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 |
|---|---|---|
Hamilton v. Wein
green
1 sentence1988Since its amendment, CPLR 3101 (d) (1) has been scrutinized in a number of reported decisions (Olden v Bolton, 137 AD2d 878 [preclusion of testimony of expert witness upheld based upon failure to timely disclose]; Travis v Wormer, 136 AD2d 933 [plaintiff must disclose identity of medical expert to defendant drug manufacturer sued in strict products liability and breach of warranty notwithstanding other pending claim of medical malpractice against codefendants]; Pizzi v Muccia, 127 AD2d 338 [plaintiff failed to adequately demonstrate how disclosure of expert’s qualifications would reveal his id | 1 | 1988–1988 |
McGoldrick v. Whitney M. Young, Jr. Health Center, Inc.
green
1 sentence1988Since its amendment, CPLR 3101 (d) (1) has been scrutinized in a number of reported decisions (Olden v Bolton, 137 AD2d 878 [preclusion of testimony of expert witness upheld based upon failure to timely disclose]; Travis v Wormer, 136 AD2d 933 [plaintiff must disclose identity of medical expert to defendant drug manufacturer sued in strict products liability and breach of warranty notwithstanding other pending claim of medical malpractice against codefendants]; Pizzi v Muccia, 127 AD2d 338 [plaintiff failed to adequately demonstrate how disclosure of expert’s qualifications would reveal his id | 1 | 1988–1988 |
Renucci v. Mercy Hospital
green
1 sentence1988Since its amendment, CPLR 3101 (d) (1) has been scrutinized in a number of reported decisions (Olden v Bolton, 137 AD2d 878 [preclusion of testimony of expert witness upheld based upon failure to timely disclose]; Travis v Wormer, 136 AD2d 933 [plaintiff must disclose identity of medical expert to defendant drug manufacturer sued in strict products liability and breach of warranty notwithstanding other pending claim of medical malpractice against codefendants]; Pizzi v Muccia, 127 AD2d 338 [plaintiff failed to adequately demonstrate how disclosure of expert’s qualifications would reveal his id | 1 | 1988–1988 |
Pizzi v. Muccia
green
1 sentence1988Since its amendment, CPLR 3101 (d) (1) has been scrutinized in a number of reported decisions (Olden v Bolton, 137 AD2d 878 [preclusion of testimony of expert witness upheld based upon failure to timely disclose]; Travis v Wormer, 136 AD2d 933 [plaintiff must disclose identity of medical expert to defendant drug manufacturer sued in strict products liability and breach of warranty notwithstanding other pending claim of medical malpractice against codefendants]; Pizzi v Muccia, 127 AD2d 338 [plaintiff failed to adequately demonstrate how disclosure of expert’s qualifications would reveal his id | 1 | 1988–1988 |
Catino v. Kirschbaum
neutral
1 sentence1988Since its amendment, CPLR 3101 (d) (1) has been scrutinized in a number of reported decisions (Olden v Bolton, 137 AD2d 878 [preclusion of testimony of expert witness upheld based upon failure to timely disclose]; Travis v Wormer, 136 AD2d 933 [plaintiff must disclose identity of medical expert to defendant drug manufacturer sued in strict products liability and breach of warranty notwithstanding other pending claim of medical malpractice against codefendants]; Pizzi v Muccia, 127 AD2d 338 [plaintiff failed to adequately demonstrate how disclosure of expert’s qualifications would reveal his id | 1 | 1988–1988 |
Travis v. Wormer
neutral
1 sentence1988Since its amendment, CPLR 3101 (d) (1) has been scrutinized in a number of reported decisions (Olden v Bolton, 137 AD2d 878 [preclusion of testimony of expert witness upheld based upon failure to timely disclose]; Travis v Wormer, 136 AD2d 933 [plaintiff must disclose identity of medical expert to defendant drug manufacturer sued in strict products liability and breach of warranty notwithstanding other pending claim of medical malpractice against codefendants]; Pizzi v Muccia, 127 AD2d 338 [plaintiff failed to adequately demonstrate how disclosure of expert’s qualifications would reveal his id | 1 | 1988–1988 |
Olden v. Bolton
neutral
1 sentence1988Since its amendment, CPLR 3101 (d) (1) has been scrutinized in a number of reported decisions (Olden v Bolton, 137 AD2d 878 [preclusion of testimony of expert witness upheld based upon failure to timely disclose]; Travis v Wormer, 136 AD2d 933 [plaintiff must disclose identity of medical expert to defendant drug manufacturer sued in strict products liability and breach of warranty notwithstanding other pending claim of medical malpractice against codefendants]; Pizzi v Muccia, 127 AD2d 338 [plaintiff failed to adequately demonstrate how disclosure of expert’s qualifications would reveal his id | 1 | 1988–1988 |
Claim of Muniak v. ACF Industries, Inc.
green
1 sentence1960It could be found that claimant was then suffering from lead poisoning contracted in the employment; but he lost no wages, and it is clear that the statute imposes the test on disablement from occupational diseases, that the employee be “ disabled from earning full wages ” (Workmen’s Compensation Law, § 37; Matter of Muniak v. ACF Inds., 7 AD 2d 258 ). | 1 | 1960–1960 |
Freudenheim v. . G&220tter
green
1 sentence1947The major opinion cites Freudenheim v. Gutter ( 201 N. Y. 94 , supra) and Mann v. Simpson & Co. ( 286 N. Y. 450 , supra) as decisive that upon the facts in the instant case Provident cannot be held liable to plaintiff, but I think they are inapplicable here as they did not involve a comparable situation; they' deal, primarily, with the question of apparent ownership at the time of pawn; they did not involve either the negotiable quality of a pawn ticket and its effect, or the particular feature of a lost or mislaid original pawn ticket, or the duty of the pawnee in such a situation, or the deg | 1 | 1947–1947 |
Mann v. R. Simpson & Co.
green
1 sentence1947The major opinion cites Freudenheim v. Gutter ( 201 N. Y. 94 , supra) and Mann v. Simpson & Co. ( 286 N. Y. 450 , supra) as decisive that upon the facts in the instant case Provident cannot be held liable to plaintiff, but I think they are inapplicable here as they did not involve a comparable situation; they' deal, primarily, with the question of apparent ownership at the time of pawn; they did not involve either the negotiable quality of a pawn ticket and its effect, or the particular feature of a lost or mislaid original pawn ticket, or the duty of the pawnee in such a situation, or the deg | 1 | 1947–1947 |
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.