D'Angelo 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““We reject the ... contention that claims under public construction contracts must be proved by written business records.... We know of no statute, rule or decisional law which requires proof in such form.... [T]o the extent that oral testimony is credited by the trier of facts in the absence of business records, and the claim is thus allowed, we know of no predicate [for the proposition that such evidence is] ... insufficient!] as a matter of law. Arguments now advanced ... that the oral testimony ... was speculative [or] based to a very large extent on [the witness’] subjective memory alone ... [a]ll touch on issues of credibility and weight of evidence as to findings of fact....””

   1 later decision quote this exact passage
   e.g. Cavalry Construction, Inc. v. WDF, Inc.

2. “We reject the State’s contention that claims under public construction contracts must be proved by written business records which would be subject to audit by the State. We know of no statute, rule or decisional law which requires proof in such form.... [T]o the extent that oral testimony is credited by the trier of the facts in the absence of business records, and the claim is thus allowed, we know of no predicate on which the State can base a claim of insufficiency as a matter of law.”

   1 later decision quote this exact passage
   e.g. 308 F. Supp. 2d 164 - Aniero Concrete Co. v. New York City Construction Authority