24 Cited authorities

  1. In re Aho

    39 N.Y.2d 241 (N.Y. 1976)   Cited 4,358 times

    Argued January 16, 1976 Decided April 6, 1976 Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, ELBERT T. GALLAGHER, J. Richard C. Welden for appellant. Daniel G. Donovan and Gerald Nolan for respondents. JONES, J. We hold that the attorneys who represented this alleged incompetent in the proceedings which resulted in the adjudication of her incompetency had authority to prosecute the appeal from such adjudication and therein to seek review of the denial of

  2. Ackermann v. United States

    340 U.S. 193 (1950)   Cited 1,597 times
    Holding that petitioners were not entitled to relief under Federal Rule of Civil Procedure 60(b) when they made a "free, calculated, deliberate choic[e]" not to appeal
  3. Dole v. Dow Chemical Co.

    30 N.Y.2d 143 (N.Y. 1972)   Cited 727 times   1 Legal Analyses
    Holding that liability should be apportioned among joint tortfeasors according to relative fault
  4. Hecht v. City of New York

    60 N.Y.2d 57 (N.Y. 1983)   Cited 379 times
    Upholding Appellate Division's dismissal of negligence complaint because gap in sidewalk was trivial and therefore not actionable
  5. People v. Favor

    82 N.Y.2d 254 (N.Y. 1993)   Cited 247 times
    Holding right to be present at Sandoval hearing conferred by state law
  6. Bray v. Cox

    38 N.Y.2d 350 (N.Y. 1976)   Cited 408 times
    Holding that "the dismissal of an appeal for want of prosecution [is] on the merits of all claims which could have been litigated had the appeal been timely argued or submitted"
  7. Steering Comm. v. Port Auth. of New York (In re World Trade Ctr. Bombing Litig. )

    2011 N.Y. Slip Op. 6501 (N.Y. 2011)   Cited 136 times
    Holding "when official action involves the exercise of discretion, the officer is not liable for the injurious consequences of that action even if resulting from negligence or malice"
  8. Gager v. White

    53 N.Y.2d 475 (N.Y. 1981)   Cited 127 times
    In Gager, we held that a defendant brought within the jurisdiction of the New York courts by a Seider attachment, who then appeared in the action without raising an explicit jurisdictional challenge under Rush, had waived this objection.
  9. Aridas v. Caserta

    41 N.Y.2d 1059 (N.Y. 1977)   Cited 71 times

    Argued March 28, 1977 Decided May 3, 1977 Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, FRANK P. DE LUCA, J. Robert F. Malerba for appellant. Patrick J. Purcell and Stephen A. Fritz for Charlene E. Caserta, respondent. Walter G. Evans and Alexander Orr for Elwood Union Free School District No. 1, respondent. John J. Stewart, Sr., John J. Stewart, Jr., and Edward L. Milde for Long Island Bus Co., Inc., respondent. MEMORANDUM. Plaintiff's appeal from so

  10. McCleery v. Wally's World, Inc.

    183 Vt. 549 (Vt. 2007)   Cited 8 times
    Holding that issues that could have been raised at trial or on direct appeal may not be asserted for the first time in a Rule 60(b) motion
  11. Rule 60 - Relief from a Judgment or Order

    Fed. R. Civ. P. 60   Cited 54,066 times   147 Legal Analyses
    Granting relief from the operation of a judgment
  12. Section 5513 - Time to take appeal, cross-appeal or move for permission to appeal

    N.Y. CPLR 5513   Cited 3,059 times
    Establishing thirty-day deadline for appeal