18 Cited authorities

Misicki v. Caradonna
2009 N.Y. Slip Op. 3764 (N.Y. 2009) Cited 594 times
Holding that 12 N.Y.C.R.R. § 23-9.2 imposes a nondelegable duty to make "necessary repairs or replacement" upon discovery of any unsafe condition
First Financial Ins. Co. v. Jetco Contr.
1 N.Y.3d 64 (N.Y. 2003) Cited 315 times
Holding an unexplained delay of forty-eight days following receipt of a claim notice to be "unreasonable as a matter of law"
Thrasher v. U.S. Liab. Ins. Co.
19 N.Y.2d 159 (N.Y. 1967) Cited 371 times
Holding that in the context of an automobile liability insurance, an assertion of the failure of an insured to cooperate cannot succeed unless "the attitude of the insured, after his co-operation was sought, was one of willful and avowed obstruction"
Continental Cas. v. Stradford
2008 N.Y. Slip Op. 9256 (N.Y. 2008) Cited 69 times
No. 180. Argued October 22, 2008. decided November 25, 2008. APPEAL from an order of the Appellate Division of the Supreme Court in the Second Judicial Department, entered December 11, 2007. The Appellate Division, with two Justices dissenting, (1) reversed, on the law, an order of the Supreme Court, Richmond County (Philip G. Minardo, J.), which had granted plaintiffs motion for summary judgment, denied the cross motion of defendants Hector Gunaratne, Rose Gunaratne, and Sumanadasa Perera for summary
Bingham v. New York City Transit Auth.
99 N.Y.2d 355 (N.Y. 2003) Cited 75 times
13 Argued January 14, 2003. Decided February 20, 2003. APPEAL, by permission of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the First Judicial Department, entered October 30, 2001, which affirmed an order of the Supreme Court (Robert Lippmann, J.), entered in New York County, granting a motion by defendants for summary judgment dismissing the complaint. Constantine P. Kokkoris, for appellant. Lawrence Heisler, for respondents. Judges Smith, Ciparick, Wesley
Matter of Rivera v. Smith
63 N.Y.2d 501 (N.Y. 1984) Cited 111 times
Holding that under New York law, intrusion on right of Muslim inmate to free exercise of his religious beliefs by subjecting him to random pat frisk performed by correction officer of opposite sex could not be justified by states in maintaining prison security or in providing equal opportunity for women to serve as prison guards.
Cummins v. County of Onondaga
84 N.Y.2d 322 (N.Y. 1994) Cited 81 times
In Cummins (84 NY2d at 324), the issue was whether the evidence was sufficient to support the jury's damage verdict for conscious pain and suffering where the decedent drowned after she lost control of her car and it flipped over and landed in a pond.
Rios v. Smith
95 N.Y.2d 647 (N.Y. 2001) Cited 65 times 1 Legal Analyses
Finding that "a parent owes a duty to protect third parties from harm that is clearly foreseeable from the child's improvident use or operation of a dangerous instrument, where such use is found to be subject to the parent's control"
Wild v. Catholic Health Sys.
2013 N.Y. Slip Op. 4043 (N.Y. 2013) Cited 37 times 1 Legal Analyses
2013-06-6 Marcia A. WILD et al., as Coexecutors of Marguerite Horn, Deceased, et al., Respondents, v. CATHOLIC HEALTH SYSTEM, Doing Business as Mercy Hospital of Buffalo, et al., Defendants, and Buffalo Emergency Associates, LLP, et al., Appellants. Damon Morey LLP, Buffalo (Michael J. Willett and Patrick B. Curran of counsel), for appellants. Paul William Beltz, P.C., Buffalo (Debra A. Norton and William A. Quinlan of counsel), for respondents. Damon Morey LLP, Buffalo (Michael J. Willett and Patrick
Telaro v. Telaro
25 N.Y.2d 433 (N.Y. 1969) Cited 121 times
Argued October 28, 1969 Decided December 4, 1969 Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, FREDERICK BACKER, J. Leonard C. Shalleck, Irving I. Erdheim and Milton P. Falk for appellant. Morris H. Halpern and Abraham J. Heller for respondent. BREITEL, J. This appeal involves an action by a wife to recover, inter alia, one half of some $24,800 withdrawn by her husband, defendant-respondent, from a brokerage account held at that time in the names of both

Country-Wide Insurance Company, Appellant,v.Preferred Trucking Services Corp., et al., Defendants, Filippo Gallina, et al., Respondents.

18 Cited authorities

Holding that 12 N.Y.C.R.R. § 23-9.2 imposes a nondelegable duty to make "necessary repairs or replacement" upon discovery of any unsafe condition

Holding an unexplained delay of forty-eight days following receipt of a claim notice to be "unreasonable as a matter of law"

Holding that in the context of an automobile liability insurance, an assertion of the failure of an insured to cooperate cannot succeed unless "the attitude of the insured, after his co-operation was sought, was one of willful and avowed obstruction"

In Cummins (84 NY2d at 324), the issue was whether the evidence was sufficient to support the jury's damage verdict for conscious pain and suffering where the decedent drowned after she lost control of her car and it flipped over and landed in a pond.

Finding that "a parent owes a duty to protect third parties from harm that is clearly foreseeable from the child's improvident use or operation of a dangerous instrument, where such use is found to be subject to the parent's control"