Botwinick v. Ogden
Cases that cite this one
87 later published cases cite this decision. The 25 that cite it most often are listed here.
- Unger v. Continental Assurance Co. (Ill. 1985)
- Peckham v. Peckham Materials Corp. (Appellate Division of the Supreme Court of New York 1984)
- Santigate v. Linsalata (Appellate Division of the Supreme Court of New York 2003)
- Suburban Hospital, Inc. v. Kirson (Md. 2000)
- Chin v. Doherty Enters. (Appellate Division of the Supreme Court of New York 2022)
- Jamal v. Gohel (Appellate Division of the Supreme Court of New York 2010)
- Hofsiss v. Board of Education (Appellate Division of the Supreme Court of New York 2001)
- Firestein v. Kingsbrook Jewish Medical Center (Appellate Division of the Supreme Court of New York 1988)
- Claim of Green v. Kamalian (Appellate Division of the Supreme Court of New York 1988)
- Smalls v. Kaufmann (Appellate Division of the Supreme Court of New York 1985)
- Linzee v. State of New York (N.Y. Ct. Cl. 1983)
- Guang Qi Lin v. Xiaoping Lu (Appellate Division of the Supreme Court of New York 2025)
- State Farm Mut. Auto. Ins. Co. v. Amtrust N. Am., Inc. (Appellate Division of the Supreme Court of New York 2024)
- Lall v. Harnick (Appellate Division of the Supreme Court of New York 2023)
- Matter of Timperio v. Bronx-Lebanon Hosp. (Appellate Division of the Supreme Court of New York 2022)
- 21st Century Pharmacy v. American Intl. Group (Appellate Division of the Supreme Court of New York 2021)
- Madison Prods. of USA, Inc. v. American Tr. Ins. Co. (Appellate Terms of the Supreme Court of New York 2020)
- Madison Prods. of USA, Inc. v. American Tr. Ins. Co. (Appellate Terms of the Supreme Court of New York 2020)
- Chiloyan v. Chiloyan (Appellate Division of the Supreme Court of New York 2019)
- Active Care Med. Supply Corp. v. American Tr. Ins. Co. (Appellate Terms of the Supreme Court of New York 2019)
- Metro Psychological Servs., P.C. v. Travelers Prop. & Cas. Ins. Co. (Appellate Terms of the Supreme Court of New York 2019)
- Warren v. E.J. Militello Concrete, Inc. (Appellate Division of the Supreme Court of New York 2019)
- Bello v. City of New York (Appellate Division of the Supreme Court of New York 2019)
- Quality Health Prod., Inc. v. American Tr. Ins. Co. (Appellate Terms of the Supreme Court of New York 2019)
- Owens v. Jea Bus Co., Inc. (Appellate Division of the Supreme Court of New York 2018)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be reversed, without costs, and the case remitted to Supreme Court with direction to defer disposition of appellants’ motion to
In O’Rourke v Long (41 NY2d 219)
Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer and Simons concur.
Order reversed, without costs, and case remitted to Supreme Court, New York County, for further proceedings in accordance with the memorandum herein. Question certified answered in the negative.
We observe that our decisions in Garcia v Iserson (33 NY2d 421) and Golini v Nachtigall (38 NY2d 745) antedated our decision in O’Rourke and were made without reference to the procedural rule of primary jurisdiction announced in O’Rourke.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.