study test (New York) · Go Syfert
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study test in New York

6 New York opinions name it 3 courts 1985–2017 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 (2)

CaseFollowedCited
Tinao v. City of New Yorkgreen
nyappdiv · 1985 · cited in 4 New York opinions naming this issue, 2017–2017
2 sentences

2017Furthermore, this was not the only study or test addressed in the expert disclosure, and we therefore cannot conclude that the court abused its discretion in denying the preclusion motion based on, inter alia, an apparent lack of foundation for the opinion or relevancy to the issues of causation and decedent’s negligence (see id.; see also Tinao v City of New York, 112 AD2d 363, 364 [1985], lv denied 67 NY2d 603 [1986]).

2017Furthermore, this was not the only study or test addressed in the expert disclosure, and we therefore cannot conclude that the court abused its discretion in denying the preclusion motion based on, inter alia, an apparent lack of foundation for the opinion or relevancy to the issues of causation and decedent’s negligence (see id.; see also Tinao v City of New York, 112 AD2d 363, 364 [1985], lv denied 67 NY2d 603 [1986]).

44
Krieger v. McDonald's Restaurant of New York, Inc.green
nyappdiv · 2010 · cited in 4 New York opinions naming this issue, 2017–2017
2 sentences

2017To the extent that plaintiff contends that the verdict should be set aside as inconsistent, plaintiff failed to preserve that contention for our review inasmuch as plaintiff “ ‘failed to object to the verdict on that ground before the jury was discharged’ ” (Krieger v McDonald’s Rest. of N.Y., Inc., 79 AD3d 1827, 1828 [2010], lv dismissed 17 NY3d 734 [2011]).

2017To the extent that plaintiff contends that the verdict should be set aside as inconsistent, plaintiff failed to preserve that contention for our review inasmuch as plaintiff “ ‘failed to object to the verdict on that ground before the jury was discharged’ ” (Krieger v McDonald’s Rest. of N.Y., Inc., 79 AD3d 1827, 1828 [2010], lv dismissed 17 NY3d 734 [2011]).

34

Distinguished, questioned or overruled (0)

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

Also cited on this issue (5)

CaseCitedYears
Krieger v. McDONALD'S RESTAURANT OF NEW YORK, INC. green
ny · 2011
2 sentences

2017To the extent that plaintiff contends that the verdict should be set aside as inconsistent, plaintiff failed to preserve that contention for our review inasmuch as plaintiff “ ‘failed to object to the verdict on that ground before the jury was discharged’ ” (Krieger v McDonald’s Rest. of N.Y., Inc., 79 AD3d 1827, 1828 [2010], lv dismissed 17 NY3d 734 [2011]).

2017To the extent that plaintiff contends that the verdict should be set aside as inconsistent, plaintiff failed to preserve that contention for our review inasmuch as plaintiff “ ‘failed to object to the verdict on that ground before the jury was discharged’ ” (Krieger v McDonald’s Rest. of N.Y., Inc., 79 AD3d 1827, 1828 [2010], lv dismissed 17 NY3d 734 [2011]).

42017–2017
Horton v. California green
scotus · 1990
1 sentence

1996(Horton v California, supra.) THE "SUICIDE note” As to exhibit No. 2, the letter attributed to defendant Avila and characterized by Detective Serra as a suicide note, defendant asserts that its import could not be determined without a thorough reading and studied reflection; that the detective was not entitled to undertake such a study and analysis once an initial inspection revealed that the letter was not one of the documents described in the warrant.

11996–1996
In re the Accounting of O'Connor neutral
nysupct · 1946
1 sentence

1985The decision also notes the series of cases cited by the Commission holding to the same effect (Matter of Blake, 208 Misc 22 ; In re Childs, 129 NYS2d 830 ; Matter of Pratt, 188 Misc 170 ).

11985–1985
In re the Accounting of Blake green
nysupct · 1955
1 sentence

1985The decision also notes the series of cases cited by the Commission holding to the same effect (Matter of Blake, 208 Misc 22 ; In re Childs, 129 NYS2d 830 ; Matter of Pratt, 188 Misc 170 ).

11985–1985
In re the Estate of Putignano neutral
nysurct · 1975
1 sentence

1985In Matter of Putignano ( 82 Misc 2d 389 ), Surrogate Sobel reached that conclusion based on the study of the doctrine of virtual representation made by the Bennett Commission (Third Report of Temporary State Commn on Estates, Report No. 4.1C, at 284 [1964]) which noted: "It is clear that a present income interest is not the same as and is antagonistic to a future remainder interest”.

11985–1985

Where else courts name it

LA 14 (1946–1971) CA 6 (1921–2010) NY 6 (1985–2017) TX 4 (2015–2015) IN 4 (1905–2014) FL 3 (1933–2003) IL 3 (1949–2019) MO 2 (1964–1966)

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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