Topic: no longer can rely only on the unsupported factual allegati… · Go Syfert
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Topic #14380

7 canonical passages across 5 cases, quoted by 28 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from La Barbera v. Town of Woodstock.

#Case FlagCanonical passage Citers
1 La Barbera v. Town of Woodstock Anchor
nyappdiv · 2006
green “no longer can rely only on the unsupported factual allegations of the pleading, but must submit evidence demonstrating the existence of a cause of action” 5
2 Dreger v. New York State Thruway Authority
ny · 1992
green “the question of gross negligence is a matter to be determined by the trier of fact.” 4
3 Lichtenstein v. State
ny · 1999
green “executor or administrator be formally appointed before commencing an action against the state” 4
4 Lichtenstein v. State
ny · 1999
green “who starts her action in the court of claims before receiving letters of administration, does not meet the requirements of the court of claims act, and thus has not properly commenced the action” 4
5 Tooks v. State
nyappdiv · 2007
green “to comply with either the filing or service provisions of the court of claims act results in a lack of subject matter jurisdiction requiring dismissal of the claim” 4
6 Brown v. University of Rochester
nyappdiv · 2023
green “the court is tasked with determining whether the alleged facts in the claim fit within 'any cognizable legal theory” 4
7 Tooks v. State
nyappdiv · 2007
green “failure to comply with either the filing or service provisions of the court of claims act results in a lack of subject matter jurisdiction requiring dismissal of the claim” 3

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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