15 Cited authorities

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
Firmes v. Manhattan
50 A.D.3d 18 (N.Y. App. Div. 2008) Cited 66 times
Rejecting argument that plaintiff's conduct operating his motorcycle without a valid license, registration or insurance is sufficiently serious to completely bar recovery on public policy grounds
Coker v. Bakkal
52 A.D.3d 765 (N.Y. App. Div. 2008) Cited 34 times
No. 2007-06648. June 24, 2008. In an action to recover damages for personal injuries, the defendant appeals from a judgment of the Supreme Court, Suffolk County (Burke, J.), entered June 28, 2007, which, upon a jury verdict finding the defendant 80% at fault in the happening of the accident and the plaintiff 20% at fault, is in favor of the plaintiff and against it in the principal sum of $160,000. Jacobson Schwartz, Rockville Centre, N.Y. (Richard S. Geffen of counsel), for appellant. Ferro, Kuba
Ingersoll v. Liberty Bank of Buffalo
278 N.Y. 1 (N.Y. 1938) Cited 220 times
Reversing dismissal because "the natural and reasonable inference" is that the defective stairway caused the fall rather than a heart attack or dizziness
M.B. v. CSX Transportation, Inc.
130 F. Supp. 3d 654 (N.D.N.Y. 2015) Cited 13 times
Finding railroad expert unqualified to opine on minimum time required for individual to clear path of train because he was not an expert in "human factors analysis"
Mirjah v. City
48 A.D.3d 764 (N.Y. App. Div. 2008) Cited 18 times
In Mirjah v New York City Tr. Auth. (48 AD3d 764 [2d Dept 2008]), the Second Department rejected the utilization of an average reaction time as a constant in a similar case.
Dibble v. N.Y. City
76 A.D.3d 272 (N.Y. App. Div. 2010) Cited 14 times
In Dibble the train operator applied the emergency brakes when he first noticed a human form on the tracks (76 A.D.3d at 274, 903 N.Y.S.2d 376).
Montas v. JJC Constr. Corp.
2013 N.Y. Slip Op. 785 (N.Y. 2013) Cited 11 times
No. 2 02-07-2013 Jose Montas, Appellant, v. JJC Construction Corporation, et al., Respondents. Michael H. Zhu, for appellant. Lauren J. Wachtler, for respondent JJC Construction Corporation. Omar Nasar, for respondents City of New York et al. Michael H. Zhu, for appellant. Lauren J. Wachtler, for respondent JJC Construction Corporation. Omar Nasar, for respondents City of New York et al. MEMORANDUM: The order of the Appellate Division should be affirmed, with costs. On September 11, 1999, while walking
Kim v. New York City Transit Authority
27 A.D.3d 332 (N.Y. App. Div. 2006) Cited 13 times
In Seong Sil Kim v. New York City Tr. Auth., 27 A.D.3d 332, 812 N.Y.S.2d 485 [1st Dept.2006], lv. denied 7 N.Y.3d 714, 824 N.Y.S.2d 606, 857 N.E.2d 1137 (2006), an alert was issued to all trains after a train passenger reported seeing a person on the tracks.
Schray, v. Amerada Hess Corp.
297 A.D.2d 339 (N.Y. App. Div. 2002) Cited 16 times
2001-02716 Argued June 14, 2002 August 19, 2002. In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Kings County (Dabiri, J.), dated November 21, 2000, which denied their motion pursuant to CPLR 4404(a) to set aside a jury verdict in favor of the defendants and against them on the issue of liability as a matter of law and as against the weight of the evidence. Roy F. Scaffidi, New York, N.Y. (Robert M. Marino of counsel), for appellants

Robert Obey, Appellant,v.City of New York, Defendant, New York City Transit Authority, Respondent.

15 Cited authorities

Rejecting argument that plaintiff's conduct operating his motorcycle without a valid license, registration or insurance is sufficiently serious to completely bar recovery on public policy grounds

Reversing dismissal because "the natural and reasonable inference" is that the defective stairway caused the fall rather than a heart attack or dizziness

Finding railroad expert unqualified to opine on minimum time required for individual to clear path of train because he was not an expert in "human factors analysis"

In Mirjah v New York City Tr. Auth. (48 AD3d 764 [2d Dept 2008]), the Second Department rejected the utilization of an average reaction time as a constant in a similar case.

In Dibble the train operator applied the emergency brakes when he first noticed a human form on the tracks (76 A.D.3d at 274, 903 N.Y.S.2d 376).

In Seong Sil Kim v. New York City Tr. Auth., 27 A.D.3d 332, 812 N.Y.S.2d 485 [1st Dept.2006], lv. denied 7 N.Y.3d 714, 824 N.Y.S.2d 606, 857 N.E.2d 1137 (2006), an alert was issued to all trains after a train passenger reported seeing a person on the tracks.