180 Misc. 2d 337 - Lawrence v. State’s Empirical Analysis

Citation profile

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) whether the plaintiff is one of the class for whose particular benefit the statute was enacted; (2) whether recognition of a private right of action would promote the legislative purpose; and (3) whether creation of such a 2 Section 18 contains additional provisions that bear on the availability of remedies. See id. §§ 18(3)(f) (where access to information is denied, providing right to commence special proceeding in Supreme Court to require provider to make information available), 18(11) ("No proceeding shall be brought or penalty assessed, except as provided for in this section, against a health care provider, who in good faith, denies access to patient information.”

   1 later decision quote this exact passage · from the majority
   e.g. Ortiz v. Ciox Health LLC

2. “[w]here . . . the Legislature addressed the issue of civil remedies and chose not to clearly create a new private right of action in the statute, it would be imprudent for a court to add by implication a provision that it is reasonable to assume the Legislature intentionally omitted”

   1 later decision quote this exact passage · from the majority
   e.g. Ortiz v. Ciox Health LLC