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45 New York opinions name it 3 courts 1976–2022 4 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 |
|---|---|---|
People v. Maxwellgreen2 sentences2014The defendant’s contention that he was deprived of the effective assistance of counsel is based, in part, on matter appearing on record and, in part, on matter outside the record and, thus, constitutes a “mixed claim[ ]” of ineffective assistance (see People v Maxwell, 89 AD3d 1108, 1109 [2011], quoting People v Evans, 16 NY3d 571, 575 n 2 [2011], cert denied 565 US —, 132 S Ct 325 [2011]). 2014The defendant’s contention that he was deprived of the effective assistance of counsel is based, in part, on matter appearing on record and, in part, on matter outside the record and, thus, constitutes a “mixed claim[ ]” of ineffective assistance (see People v Maxwell, 89 AD3d 1108, 1109 [2011], quoting People v Evans, 16 NY3d 571, 575 n 2 [2011], cert denied 565 US —, 132 S Ct 325 [2011]). | 2 | 2 |
People v. Smithgreen2 sentences2013“Adjournments consented to by the defense must be clearly expressed to relieve the People of the responsibility for that portion of the delay” (People v Smith, 82 NY2d 676, 678 [1993]; see People v Battaglia, 187 AD2d 808, 810 [1992]). 2013“Adjournments consented to by the defense must be clearly expressed to relieve the People of the responsibility for that portion of the delay” (People v Smith, 82 NY2d 676, 678 [1993]; see People v Battaglia, 187 AD2d 808, 810 [1992]). | 2 | 2 |
People v. Battagliagreen2 sentences2013“Adjournments consented to by the defense must be clearly expressed to relieve the People of the responsibility for that portion of the delay” (People v Smith, 82 NY2d 676, 678 [1993]; see People v Battaglia, 187 AD2d 808, 810 [1992]). 2013“Adjournments consented to by the defense must be clearly expressed to relieve the People of the responsibility for that portion of the delay” (People v Smith, 82 NY2d 676, 678 [1993]; see People v Battaglia, 187 AD2d 808, 810 [1992]). | 2 | 2 |
Belak-Redl v. Bollengiergreen2 sentences2012Moreover, the plaintiff failed to demonstrate the existence of a potentially meritorious cause of action (see Orphan v Pilnik, 15 NY3d 907, 908 [2010]; Belak-Redl v Bollengier, 74 AD3d 1110, 1111 [2010]; Behar v Coren, 21 AD3d 1045, 1047 [2005]). 2012Moreover, the plaintiff failed to demonstrate the existence of a potentially meritorious cause of action (see Orphan v Pilnik, 15 NY3d 907, 908 [2010]; Belak-Redl v Bollengier, 74 AD3d 1110, 1111 [2010]; Behar v Coren, 21 AD3d 1045, 1047 [2005]). | 2 | 2 |
Williams v. Pratt Institutegreen2 sentences2012The undetailed and uncorroborated claim of law office failure set forth by the plaintiffs attorney, and the unsubstantiated claim that he left the country to assist his injured sister, did not amount to a justifiable excuse for the failure to comply with the certification order (see Lugauer v Forest City Ratner Co., 44 AD3d at 830 ; Matter of ELRAC, Inc. v Holder, 31 AD3d at 636-637 ) or for the delay of more than six months in moving to vacate the default judgment (see Bowman v Kusnick, 35 AD3d 643, 644 [2006]; Williams v Pratt Inst., 212 AD2d 692, 692 [1995]). 2012The undetailed and uncorroborated claim of law office failure set forth by the plaintiffs attorney, and the unsubstantiated claim that he left the country to assist his injured sister, did not amount to a justifiable excuse for the failure to comply with the certification order (see Lugauer v Forest City Ratner Co., 44 AD3d at 830 ; Matter of ELRAC, Inc. v Holder, 31 AD3d at 636-637 ) or for the delay of more than six months in moving to vacate the default judgment (see Bowman v Kusnick, 35 AD3d 643, 644 [2006]; Williams v Pratt Inst., 212 AD2d 692, 692 [1995]). | 2 | 2 |
Behar v. Corengreen2 sentences2012Moreover, the plaintiff failed to demonstrate the existence of a potentially meritorious cause of action (see Orphan v Pilnik, 15 NY3d 907, 908 [2010]; Belak-Redl v Bollengier, 74 AD3d 1110, 1111 [2010]; Behar v Coren, 21 AD3d 1045, 1047 [2005]). 2012Moreover, the plaintiff failed to demonstrate the existence of a potentially meritorious cause of action (see Orphan v Pilnik, 15 NY3d 907, 908 [2010]; Belak-Redl v Bollengier, 74 AD3d 1110, 1111 [2010]; Behar v Coren, 21 AD3d 1045, 1047 [2005]). | 2 | 2 |
Bowman v. Kusnickgreen2 sentences2012The undetailed and uncorroborated claim of law office failure set forth by the plaintiffs attorney, and the unsubstantiated claim that he left the country to assist his injured sister, did not amount to a justifiable excuse for the failure to comply with the certification order (see Lugauer v Forest City Ratner Co., 44 AD3d at 830 ; Matter of ELRAC, Inc. v Holder, 31 AD3d at 636-637 ) or for the delay of more than six months in moving to vacate the default judgment (see Bowman v Kusnick, 35 AD3d 643, 644 [2006]; Williams v Pratt Inst., 212 AD2d 692, 692 [1995]). 2012The undetailed and uncorroborated claim of law office failure set forth by the plaintiffs attorney, and the unsubstantiated claim that he left the country to assist his injured sister, did not amount to a justifiable excuse for the failure to comply with the certification order (see Lugauer v Forest City Ratner Co., 44 AD3d at 830 ; Matter of ELRAC, Inc. v Holder, 31 AD3d at 636-637 ) or for the delay of more than six months in moving to vacate the default judgment (see Bowman v Kusnick, 35 AD3d 643, 644 [2006]; Williams v Pratt Inst., 212 AD2d 692, 692 [1995]). | 2 | 2 |
Orphan v. Pilnikgreen2 sentences2012Moreover, the plaintiff failed to demonstrate the existence of a potentially meritorious cause of action (see Orphan v Pilnik, 15 NY3d 907, 908 [2010]; Belak-Redl v Bollengier, 74 AD3d 1110, 1111 [2010]; Behar v Coren, 21 AD3d 1045, 1047 [2005]). 2012Moreover, the plaintiff failed to demonstrate the existence of a potentially meritorious cause of action (see Orphan v Pilnik, 15 NY3d 907, 908 [2010]; Belak-Redl v Bollengier, 74 AD3d 1110, 1111 [2010]; Behar v Coren, 21 AD3d 1045, 1047 [2005]). | 2 | 2 |
People v. Davisgreen2 sentences2001In any event, inasmuch as “there was sufficient factual basis for defendant’s plea and that plea was knowingly and voluntarily entered, a subsequent unsubstantiated claim of innocence is insufficient to warrant a vacatur of the plea” (People v Chappie, 269 AD2d 621, 622 , lv denied 94 NY2d 917 ; see, People v Davis, 250 AD2d 939, 940 ; People v Smith, supra). 2000As there was sufficient factual basis for defendant’s plea and that plea was knowingly and voluntarily entered, a subsequent unsubstantiated claim of innocence is insufficient to warrant a vacatur of the plea (see, People v Davis, 250 AD2d 939, 940 ). | 1 | 2 |
John A. v. Bridget M.green1 sentence2021Accordingly, we decline to disturb the Family Court's award of physical custody to the father. "[G]iven the frequency with which accusations of sexual abuse crop up in the custody context, it is appropriate to consider the circumstances surrounding such an unsubstantiated claim, and to focus on what should follow" ( John A. v Bridget M. , 16 AD3d at 338-339 [Saxe, J. concurring]). | 1 | 1 |
| Leonard F. v. Jolanta J.green | 1 | 1 |
| Rockland Bakery, Inc. v. B.M. Baking Co.green | 1 | 1 |
| People v. McGuiregreen | 1 | 1 |
| Uddaraju v. City of New Yorkgreen | 1 | 1 |
| Smith v. Baldwin Union Free School Districtgreen | 1 | 1 |
| Hill v. New York City Transit Authoritygreen | 1 | 1 |
| Taddeo-Amendola v. 970 Assets, LLCgreen | 1 | 1 |
| People v. Hughesgreen | 1 | 1 |
| People v. Felicianogreen | 1 | 1 |
| People v. Turnergreen | 1 | 1 |
| Perini Corp. v. WDF, Inc.green | 1 | 1 |
| People v. Sanchezgreen | 1 | 1 |
| People v. Sherrodgreen | 1 | 1 |
| People v. Wigginsgreen | 1 | 1 |
| People v. Venablegreen | 1 | 1 |
| Piccinich v. New York Stock Exchange, Inc.green | 1 | 1 |
| Munnerlyn v. City of New Yorkgreen | 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 |
|---|---|---|
People v. Torres
green
2 sentences2015The defendant’s unsubstantiated claim that his plea was involuntary was refuted by his statements during the plea allocution (see People v Wiedmer, 71 AD3d 1067 [2010]; People v Torres, 68 AD3d 1142 [2009]). 2014The defendant’s unsubstantiated claim that his plea was involuntary was refuted hy his statements during the plea allocution (see id.; People v Torres, 68 AD3d 1142 [2009]). | 3 | 2014–2015 |
Grasso v. Nassau County
green
2 sentences2022Moreover, the petitioners' unsubstantiated claim of law office failure does not constitute a reasonable excuse for the failure to serve a timely notice of claim and the delay in commencing this proceeding ( see Matter of Lugo v GNP Brokerage , 185 AD3d 824, 826 ; Matter of Naar v City of New York , 161 AD3d 1081 , 1083; Grasso v Nassau County , 109 AD3d 579, 580 ). 2020Furthermore, the petitioner's unsubstantiated claim of law office failure by her former attorney does not constitute a reasonable excuse for the failure to serve a timely notice of claim and the delay in commencing this proceeding ( see Matter of Naar v City of New York , 161 AD3d 1081 , 1083; Grasso v Nassau County , 109 AD3d 579, 580 ; Matter of Gunsam v Eastern Suffolk Bd. of Coop. | 2 | 2020–2022 |
LaSalle Bank, N.A. v. LoRusso
green
2 sentences2020Trust Co. v Mladen , 176 AD3d 1170 , 1171; Nationstar Mtge., LLC v Ramnarine , 172 AD3d 886 ; LaSalle Bank, N.A. v LoRusso , 155 AD3d 706, 707 ; Ateres Hasofrim, Inc. v Kralik , 78 AD3d 1091, 1091-1092 ; Fishman v Beach , 246 AD2d 779, 780 ; Woodward v Eighmie Moving & Stor. , 151 AD2d 892, 894 ). 2019Mellon v Ruci , 168 AD3d 799 ; LaSalle Bank, N.A. v LoRusso , 155 AD3d 706, 706 ; U.S. Bank N.A. v Barr , 139 AD3d 937, 938 ; M & T Bank v Morris , 138 AD3d 939 ). | 2 | 2019–2020 |
People v. Wiedmer
green
2 sentences2017Here, the defendant’s unsubstantiated claim that his plea was coerced was refuted by his own statement at the time he pleaded guilty (see People v Wiedmer, 71 AD3d 1067 [2010]). 2015The defendant’s unsubstantiated claim that his plea was involuntary was refuted by his statements during the plea allocution (see People v Wiedmer, 71 AD3d 1067 [2010]; People v Torres, 68 AD3d 1142 [2009]). | 2 | 2015–2017 |
In re Carlos G.
neutral
2 sentences2014Nor does he offer a basis for such a revocation (see generally Matter of Carlos G. [Bernadette M.], 96 AD3d 632 [1st Dept 2012]). 2014Nor does he offer a basis for such a revocation (see generally Matter of Carlos G. [Bernadette M.], 96 AD3d 632 [1st Dept 2012]). | 2 | 2014–2014 |
Evans v. New York
green
2 sentences2014The defendant’s contention that he was deprived of the effective assistance of counsel is based, in part, on matter appearing on record and, in part, on matter outside the record and, thus, constitutes a “mixed claim[ ]” of ineffective assistance (see People v Maxwell, 89 AD3d 1108, 1109 [2011], quoting People v Evans, 16 NY3d 571, 575 n 2 [2011], cert denied 565 US —, 132 S Ct 325 [2011]). 2014The defendant’s contention that he was deprived of the effective assistance of counsel is based, in part, on matter appearing on record and, in part, on matter outside the record and, thus, constitutes a “mixed claim[ ]” of ineffective assistance (see People v Maxwell, 89 AD3d 1108, 1109 [2011], quoting People v Evans, 16 NY3d 571, 575 n 2 [2011], cert denied 565 US —, 132 S Ct 325 [2011]). | 2 | 2014–2014 |
People v. Evans
green
2 sentences2014The defendant’s contention that he was deprived of the effective assistance of counsel is based, in part, on matter appearing on record and, in part, on matter outside the record and, thus, constitutes a “mixed claim[ ]” of ineffective assistance (see People v Maxwell, 89 AD3d 1108, 1109 [2011], quoting People v Evans, 16 NY3d 571, 575 n 2 [2011], cert denied 565 US —, 132 S Ct 325 [2011]). 2014The defendant’s contention that he was deprived of the effective assistance of counsel is based, in part, on matter appearing on record and, in part, on matter outside the record and, thus, constitutes a “mixed claim[ ]” of ineffective assistance (see People v Maxwell, 89 AD3d 1108, 1109 [2011], quoting People v Evans, 16 NY3d 571, 575 n 2 [2011], cert denied 565 US —, 132 S Ct 325 [2011]). | 2 | 2014–2014 |
ELRAC, Inc. v. Nashon Holder
green
2 sentences2012The undetailed and uncorroborated claim of law office failure set forth by the plaintiffs attorney, and the unsubstantiated claim that he left the country to assist his injured sister, did not amount to a justifiable excuse for the failure to comply with the certification order (see Lugauer v Forest City Ratner Co., 44 AD3d at 830 ; Matter of ELRAC, Inc. v Holder, 31 AD3d at 636-637 ) or for the delay of more than six months in moving to vacate the default judgment (see Bowman v Kusnick, 35 AD3d 643, 644 [2006]; Williams v Pratt Inst., 212 AD2d 692, 692 [1995]). 2012The undetailed and uncorroborated claim of law office failure set forth by the plaintiffs attorney, and the unsubstantiated claim that he left the country to assist his injured sister, did not amount to a justifiable excuse for the failure to comply with the certification order (see Lugauer v Forest City Ratner Co., 44 AD3d at 830 ; Matter of ELRAC, Inc. v Holder, 31 AD3d at 636-637 ) or for the delay of more than six months in moving to vacate the default judgment (see Bowman v Kusnick, 35 AD3d 643, 644 [2006]; Williams v Pratt Inst., 212 AD2d 692, 692 [1995]). | 2 | 2012–2012 |
Keybank, USA, NA v. Government Employees Insurance
neutral
2 sentences2012The undetailed and uncorroborated claim of law office failure set forth by the plaintiffs attorney, and the unsubstantiated claim that he left the country to assist his injured sister, did not amount to a justifiable excuse for the failure to comply with the certification order (see Lugauer v Forest City Ratner Co., 44 AD3d at 830 ; Matter of ELRAC, Inc. v Holder, 31 AD3d at 636-637 ) or for the delay of more than six months in moving to vacate the default judgment (see Bowman v Kusnick, 35 AD3d 643, 644 [2006]; Williams v Pratt Inst., 212 AD2d 692, 692 [1995]). 2012The undetailed and uncorroborated claim of law office failure set forth by the plaintiffs attorney, and the unsubstantiated claim that he left the country to assist his injured sister, did not amount to a justifiable excuse for the failure to comply with the certification order (see Lugauer v Forest City Ratner Co., 44 AD3d at 830 ; Matter of ELRAC, Inc. v Holder, 31 AD3d at 636-637 ) or for the delay of more than six months in moving to vacate the default judgment (see Bowman v Kusnick, 35 AD3d 643, 644 [2006]; Williams v Pratt Inst., 212 AD2d 692, 692 [1995]). | 2 | 2012–2012 |
Matter of Lugo v. GNP Brokerage
green
1 sentence2022Moreover, the petitioners' unsubstantiated claim of law office failure does not constitute a reasonable excuse for the failure to serve a timely notice of claim and the delay in commencing this proceeding ( see Matter of Lugo v GNP Brokerage , 185 AD3d 824, 826 ; Matter of Naar v City of New York , 161 AD3d 1081 , 1083; Grasso v Nassau County , 109 AD3d 579, 580 ). | 1 | 2022–2022 |
Wilmington Sav. Fund Socy., FSB v. Rodriguez
green
1 sentence2021Fund Socy., FSB v Rodriguez , 197 AD3d 784 ). | 1 | 2021–2021 |
Marino v. Marino
green
1 sentence2021Thus, the plaintiff's unsubstantiated claim that she should be credited for lost equity based on a home value of $850,000 is without merit ( see Costa v Costa , 46 AD3d 495, 496 ; cf. Marino v Marino , 183 AD3d 813, 820 ). | 1 | 2021–2021 |
Costa v. Costa
green
1 sentence2021Thus, the plaintiff's unsubstantiated claim that she should be credited for lost equity based on a home value of $850,000 is without merit ( see Costa v Costa , 46 AD3d 495, 496 ; cf. Marino v Marino , 183 AD3d 813, 820 ). | 1 | 2021–2021 |
Ateres Hasofrim, Inc. v. Kralik
green
1 sentence2020Trust Co. v Mladen , 176 AD3d 1170 , 1171; Nationstar Mtge., LLC v Ramnarine , 172 AD3d 886 ; LaSalle Bank, N.A. v LoRusso , 155 AD3d 706, 707 ; Ateres Hasofrim, Inc. v Kralik , 78 AD3d 1091, 1091-1092 ; Fishman v Beach , 246 AD2d 779, 780 ; Woodward v Eighmie Moving & Stor. , 151 AD2d 892, 894 ). | 1 | 2020–2020 |
Nationstar Mtge., LLC v. Ramnarine
green
1 sentence2020Trust Co. v Mladen , 176 AD3d 1170 , 1171; Nationstar Mtge., LLC v Ramnarine , 172 AD3d 886 ; LaSalle Bank, N.A. v LoRusso , 155 AD3d 706, 707 ; Ateres Hasofrim, Inc. v Kralik , 78 AD3d 1091, 1091-1092 ; Fishman v Beach , 246 AD2d 779, 780 ; Woodward v Eighmie Moving & Stor. , 151 AD2d 892, 894 ). | 1 | 2020–2020 |
Fishman v. Beach
green
1 sentence2020Trust Co. v Mladen , 176 AD3d 1170 , 1171; Nationstar Mtge., LLC v Ramnarine , 172 AD3d 886 ; LaSalle Bank, N.A. v LoRusso , 155 AD3d 706, 707 ; Ateres Hasofrim, Inc. v Kralik , 78 AD3d 1091, 1091-1092 ; Fishman v Beach , 246 AD2d 779, 780 ; Woodward v Eighmie Moving & Stor. , 151 AD2d 892, 894 ). | 1 | 2020–2020 |
Woodward v. Eighmie Moving & Storage, Inc.
green
1 sentence2020Trust Co. v Mladen , 176 AD3d 1170 , 1171; Nationstar Mtge., LLC v Ramnarine , 172 AD3d 886 ; LaSalle Bank, N.A. v LoRusso , 155 AD3d 706, 707 ; Ateres Hasofrim, Inc. v Kralik , 78 AD3d 1091, 1091-1092 ; Fishman v Beach , 246 AD2d 779, 780 ; Woodward v Eighmie Moving & Stor. , 151 AD2d 892, 894 ). | 1 | 2020–2020 |
Deutsche Bank Natl. Trust Co. v. Mladen
neutral
1 sentence2020Trust Co. v Mladen , 176 AD3d 1170 , 1171; Nationstar Mtge., LLC v Ramnarine , 172 AD3d 886 ; LaSalle Bank, N.A. v LoRusso , 155 AD3d 706, 707 ; Ateres Hasofrim, Inc. v Kralik , 78 AD3d 1091, 1091-1092 ; Fishman v Beach , 246 AD2d 779, 780 ; Woodward v Eighmie Moving & Stor. , 151 AD2d 892, 894 ). | 1 | 2020–2020 |
One West Bank, FSB v. Valdez
green
1 sentence2019Bank, FSB v Valdez , 128 AD3d 655, 655 ), especially since the summons that was served upon the defendant contained the specific language mandated by RPAPL 1320 that he "MUST RESPOND BY SERVING A COPY OF THE ANSWER" ( see Morgan Stanley Mtge. | 1 | 2019–2019 |
| M & T Bank v. Morris green | 1 | 2019–2019 |
| LaSalle Bank National Ass'n v. Calle green | 1 | 2019–2019 |
U.S. Bank National Ass'n v. Barr
green
1 sentence2019Mellon v Ruci , 168 AD3d 799 ; LaSalle Bank, N.A. v LoRusso , 155 AD3d 706, 706 ; U.S. Bank N.A. v Barr , 139 AD3d 937, 938 ; M & T Bank v Morris , 138 AD3d 939 ). | 1 | 2019–2019 |
| Isaac C. v. Veronica R. neutral | 1 | 2017–2017 |
| People v. Bennett green | 1 | 2015–2015 |
| People v. Griffin neutral | 1 | 2015–2015 |
| Deegan v. City of New York green | 1 | 2013–2013 |
| People v. Massey neutral | 1 | 2010–2010 |
| Jones v. City of New York green | 1 | 2010–2010 |
| People v. Bullard neutral | 1 | 2010–2010 |
| People v. DeLuca green | 1 | 2010–2010 |
| People v. Drago green | 1 | 2010–2010 |
| People v. Weekes green | 1 | 2007–2007 |
| People v. Rangolan neutral | 1 | 2007–2007 |
| Dailey v. Mazel Stores, Inc. green | 1 | 2006–2006 |
| Bankers Federal Savings FSB v. Off West Broadway Developers green | 1 | 2006–2006 |
| Ecker v. Zwaik & Bernstein, P. C. green | 1 | 2001–2001 |
| People v. Flakes green | 1 | 2001–2001 |
| People v. McAllister neutral | 1 | 2001–2001 |
| People v. Curtis neutral | 1 | 2001–2001 |
| People v. Clarke neutral | 1 | 2001–2001 |
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.