34 Cited authorities

  1. Juarez v. Wavecrest Mgt. Team

    88 N.Y.2d 628 (N.Y. 1996)   Cited 326 times
    Holding that when a landlord has notice that a child under age six is living in an apartment built before 1960 with peeling paint, the landlord has constructive notice of a hazardous lead-based paint condition
  2. Chapman v. Silber

    97 N.Y.2d 9 (N.Y. 2001)   Cited 208 times   1 Legal Analyses
    Noting that, historically, "[c]ourts opined that conveyance of possession by lease was similar in effect to conveyance of title"
  3. Fields v. Fields

    2010 N.Y. Slip Op. 4871 (N.Y. 2010)   Cited 160 times
    Explaining the "well-settled statutory presumption that all property acquired by either spouse during the marriage, unless clearly separate, is deemed marital property"
  4. People v. Sanchez

    98 N.Y.2d 373 (N.Y. 2002)   Cited 181 times   1 Legal Analyses
    Holding that jury may convict on depraved indifference theory if it can "harbor a reasonable doubt that the homicide of [the victim] was intentional"
  5. City of Buffalo v. Clement Co.

    28 N.Y.2d 241 (N.Y. 1971)   Cited 325 times
    Holding that a de facto taking had occurred at a date earlier than the actual date of taking because the ten-year long protracted delay between the announcement of the taking and the actual date of the taking had significantly destroyed the value of the defendant's property
  6. Certiorari Denied

    534 U.S. 826 (2001)   Cited 35 times
    Finding procedural default
  7. In re N.Y.C. Coalition to End Lead Poisoning v. Vallone

    100 N.Y.2d 337 (N.Y. 2003)   Cited 109 times
    Invalidating Local Law 38 due to City Council's failure to include lead dust in the “Negative Declaration” of environmental effects mandated by SEQRA
  8. Allied Corp. v. Town of Camillus

    80 N.Y.2d 351 (N.Y. 1992)   Cited 130 times   1 Legal Analyses
    In Allied Corp., where the Court once again reiterated the need for cautious use of the reproduction cost method, it stated that "courts are interested in making certain that governments are not forced to pay the high valuations typically produced by the reproduction cost less depreciation method" where "the owner would likely discontinue the use on his own in the absence of the taking" (80 N.Y.2d, at 359-360).
  9. Affronti v. Crosson

    95 N.Y.2d 713 (N.Y. 2001)   Cited 59 times
    Taking judicial notice of document taken from public records
  10. In re City of Syracuse Industrial Development Agency

    20 A.D.3d 168 (N.Y. App. Div. 2005)   Cited 49 times

    CA 04-01506. June 10, 2005. CROSS APPEALS from a judgment of the Supreme Court, Onondaga County (Charles T. Major, J.), entered February 13, 2004 in a proceeding pursuant to EDPL article 5. The judgment awarded respondents $433,220, together with interest and costs. Hiscock Barclay, LLP, Buffalo ( Mark R. McNamara of counsel), for appellant-respondent. Law Offices of Robert A. Gladstone, Belle Mead, New Jersey ( Robert A. Gladstone of the New Jersey Bar, admitted pro hac vice, of counsel), for r

  11. Section 2681 - Definitions

    15 U.S.C. § 2681   Cited 14 times   1 Legal Analyses
    Defining "Target housing" that is subject to the Lead Disclosure Rule
  12. Section 202.59 - Tax assessment review proceedings in counties outside the City of New York; special rules

    N.Y. Comp. Codes R. & Regs. tit. 22 § 202.59   Cited 161 times

    (a) Applicability. This section shall apply to every tax assessment review proceeding brought pursuant to title 1 of article 7 of the Real Property Tax Law in counties outside the City of New York. (b) Statement of income and expenses. Before the note of issue and certificate of readiness may be filed, the petitioner shall have served on the respondent, in triplicate, a statement that the property is not income-producing, or a copy of a verified or certified statement of the income and expenses on

  13. Section 745.80 - Purpose

    40 C.F.R. § 745.80   Cited 1 times   3 Legal Analyses

    This subpart contains regulations developed under sections 402 and 406 of the Toxic Substances Control Act (15 U.S.C. 2682 and 2686 ) and applies to all renovations performed for compensation in target housing and child-occupied facilities. The purpose of this subpart is to ensure the following: (a) Owners and occupants of target housing and child-occupied facilities receive information on lead-based paint hazards before these renovations begin; and (b) Individuals performing renovations regulated