§Why CasetextPricing

Elissa Motelson,, et al., Appellants,v.Ford Motor Company, et al., Respondents. (And Another Action.)

Brief

80 Cited authorities

  1. Leon v. Martinez

    84 N.Y.2d 83 (N.Y. 1994)   Cited 9,589 times   4 Legal Analyses
    Holding that the allegations in the complaint and the supporting affidavits were adequate to withstand a motion to dismiss

  2. Guggenheimer v. Ginzburg

    43 N.Y.2d 268 (N.Y. 1977)   Cited 4,058 times   2 Legal Analyses
    Reversing grant of motion to dismiss

  3. Sokol v. Leader

    74 A.D.3d 1180 (N.Y. App. Div. 2010)   Cited 976 times

    No. 2010-01522. June 22, 2010. In an action to recover damages for defamation, the defendant appeals from an order of the Supreme Court, Rockland County (Kelly, J.), dated December 21, 2009, which denied that branch of her motion which was to dismiss the complaint pursuant to CPLR 3211 (a) (1) and (7) and, in effect, denied those branches of her motion which were, in the alternative, in effect, to strike certain language from the complaint pursuant to CPLR 3016 (a) or for summary judgment dismissing

  4. Nonnon v. City of New York

    2007 N.Y. Slip Op. 5578 (N.Y. 2007)   Cited 932 times
    Noting that affidavits "are generally intended to remedy pleading defects"

  5. Rovello v. Orofino Realty Co.

    40 N.Y.2d 633 (N.Y. 1976)   Cited 2,266 times   1 Legal Analyses
    Ruling that on motion to dismiss under CPLR 3211, "court may freely consider affidavits submitted by the plaintiff to remedy any defects in the complaint"

  6. Martin v. City of Cohoes

    37 N.Y.2d 162 (N.Y. 1975)   Cited 557 times
    Stating that in the absence of strong countervailing public policy, parties may consent to the law that is to be applied to the case

  7. Alvord Swift v. Muller

    46 N.Y.2d 276 (N.Y. 1978)   Cited 491 times
    Holding that because "the interference must be intentional, not merely negligent or incidental," a plaintiff does not state a claim by alleging that a defendant's breach of contract incidentally interfered with a third party's separate contract

  8. Murray v. City of New York

    43 N.Y.2d 400 (N.Y. 1977)   Cited 476 times
    Holding that workers' compensation is the exclusive remedy as a matter of substantive law, and hence, whenever it appears from the plaintiff's pleadings, bill of particulars, or the facts that the plaintiff was an employee of the defendant, the obligation of alleging and proving noncoverage or applicability of workers' compensation benefits falls on the plaintiff; the court continued, stating that waiver may be accomplished by ignoring the issue to the point of final disposition

  9. Bovsun v. Sanperi

    61 N.Y.2d 219 (N.Y. 1984)   Cited 312 times   1 Legal Analyses
    Holding that "where a defendant negligently exposes a plaintiff to an unreasonable risk of bodily injury or death, the plaintiff may recover, as a proper element of his or her damages, damages for injuries suffered in consequence of the observation of the serious injury or death of a member of his or her immediate family"

  10. McDermott v. Coffee Beanery

    9 A.D.3d 195 (N.Y. App. Div. 2004)   Cited 172 times   1 Legal Analyses

    2982. May 20, 2004. APPEAL from an order of the Supreme Court, New York County (Ralph Boniello, J.), entered June 11, 2003 following a jury trial in a personal injury action. The order granted plaintiffs' motion to set aside the verdict in favor of defendant-appellant as being against the weight of the evidence, and remanded the matter for a new trial on the issues of proximate cause and damages. Goldman Grossman ( Eleanor R. Goldman and Jay S. Grossman of counsel), for appellant. William D. Fireman