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6 New York opinions name it 3 courts 1939–2014 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 |
|---|---|---|
Small v. Lorillard Tobacco Co.green2 sentences2013Finally, the unilateral waiver of a statutorily imposed penalty by a class representative adversely affects his or her ability to act as an adequate class representative (see Small v Lorillard Tobacco Co., 94 NY2d 43, 54 [1999] [affirming finding that plaintiffs were not adequate class representatives where they limited their theory of recovery in “significant ways” and limited their claim for damages “in order to shape a legally de minimis theory of the case”]). 2013Finally, the unilateral waiver of a statutorily imposed penalty by a class representative adversely affects his or her ability to act as an adequate class representative (see Small v Lorillard Tobacco Co., 94 NY2d 43, 54 [1999] [affirming finding that plaintiffs were not adequate class representatives where they limited their theory of recovery in “significant ways” and limited their claim for damages “in order to shape a legally de minimis theory of the case”]). | 2 | 2 |
Downing v. First Lenox Terrace Associatesgreen1 sentence2014The court also concluded that a unilateral waiver complies with the Rent Stabilization Code’s prohibition of any agreement to waive its provisions (see id. at 89-90). | 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 |
|---|---|---|
Albert Apartment Corp. v. Corbo Co.
green
1 sentence1996Corp. v Corbo Co., 182 AD2d 500 , lv dismissed 80 NY2d 924 ). | 1 | 1996–1996 |
Brockman v. Friedberg
green
1 sentence1996The record reveals that the Sponsor violated the Martin Act by failing to provide prospective purchasers with complete, accurate and available information to afford them with "an adequate basis upon which to found their judgment” (General Business Law § 352-e [1] [b]), by falsely setting forth in the original offering plan the wrong date, June 30, 1989 rather than July 1, 1998, for the expiration of the J-51 tax benefits, and by failing to warn prospective purchasers in subsequent offering plans of any basis, other than mere speculation, for the Sponsor’s unilateral waiver of the J-51 benefits | 1 | 1996–1996 |
People v. Ostas
green
1 sentence1993Defendant’s argument that his statement should have been suppressed, because an Indiana law which prohibits the unilateral waiver of constitutional rights by a person under 18 years of age absent the presence of counsel or, inter alia, a custodial parent was violated by Indiana authorities, was previously rejected by this Court on the appeal of defendant’s codefendant (see, People v Ostas, 179 AD2d 893 ). | 1 | 1993–1993 |
In re the Estate of Moore
green
1 sentence1939As authority for this position they tender Matter of Moore ( 165 Misc. 683 ). | 1 | 1939–1939 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
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.