§Why CasetextPricing

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

Brief

19 Cited authorities

  1. Rivera v. N Y City Tr. Auth

    77 N.Y.2d 322 (N.Y. 1991)   Cited 369 times
    Discussing the emergency doctrine and noting that "[t]his doctrine recognizes that when an actor is faced with a sudden and unexpected circumstance which leaves little or no time for thought, deliberation or consideration, or causes the actor to be reasonably so disturbed that the actor must make a speedy decision without weighing alternative courses of conduct, the actor may not be negligent if the actions taken are reasonable and prudent in the emergency context"

  2. Bernstein v. City of New York

    69 N.Y.2d 1020 (N.Y. 1987)   Cited 230 times

    Decided June 4, 1987 Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Alan Saks, J. Peter L. Zimroth, Corporation Counsel (Margaret G. King of counsel), for appellant. Fred R. Profeta, Jr., and Alan B. Katz for respondent. MEMORANDUM. The order of the Appellate Division should be reversed, with costs, and the complaint dismissed. Plaintiff slipped and fell while crossing an intersection near a Bronx bus stop, and fractured his kneecap. At the trial of his

  3. Merino v. New York City Transit Authority

    89 N.Y.2d 824 (N.Y. 1996)   Cited 44 times

    Argued October 16, 1996 Decided November 14, 1996 APPEAL from an order of the Appellate Division of the Supreme Court in the First Judicial Department, entered March 5, 1996, which, with two Justices dissenting, (1) reversed, on the law, a judgment of the Supreme Court (Anita R. Florio, J.), entered in Bronx County upon a verdict finding defendant 76% responsible and plaintiff 24% responsible for the accident which led to plaintiff's personal injuries, and awarding plaintiff damages against defendant

  4. Ingersoll v. Liberty Bank of Buffalo

    278 N.Y. 1 (N.Y. 1938)   Cited 221 times
    Reversing dismissal because "the natural and reasonable inference" is that the defective stairway caused the fall rather than a heart attack or dizziness

  5. Coleman v. New York City Transit Authority

    37 N.Y.2d 137 (N.Y. 1975)   Cited 68 times
    In Coleman (supra, p 144) the Court of Appeals explained that the "evidence of alcoholic breath and the three drinks is not in itself proof of intoxication".

  6. 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).

  7. Mendez v. City of N.Y.

    110 A.D.3d 421 (N.Y. App. Div. 2013)   Cited 8 times

    2013-10-1 Ricardo MENDEZ, Plaintiff–Appellant, v. The CITY OF NEW YORK, Defendant, Carlos Brizuela, Defendant–Respondent. Rosato & Lucciola, P.C., New York (Paul A. Marber of counsel), for appellant. The Law Offices of Curtis, Vasile P.C., Merrick (Michael J. Dorry of counsel), for respondent. FRIEDMAN Rosato & Lucciola, P.C., New York (Paul A. Marber of counsel), for appellant. The Law Offices of Curtis, Vasile P.C., Merrick (Michael J. Dorry of counsel), for respondent. FRIEDMAN, J.P., MOSKOWITZ

  8. 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.

  9. People v. Gutt

    101 A.D.3d 423 (N.Y. App. Div. 2012)   Cited 3 times

    2012-12-4 The PEOPLE of the State of New York, Respondent, v. Adolf GUTT, Defendant–Appellant. Steven Banks, The Legal Aid Society, New York (Allen Fallek of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Caleb Kruckenberg of counsel), for respondent. SAXE Steven Banks, The Legal Aid Society, New York (Allen Fallek of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Caleb Kruckenberg of counsel), for respondent. SAXE, J.P., FRIEDMAN, ACOSTA, RENWICK

  10. Motto v. New York City Transit Authority

    13 A.D.3d 170 (N.Y. App. Div. 2004)   Cited 1 times

    4079 December 16, 2004. Order, Supreme Court, New York County (Robert D. Lippmann, J.), entered November 28, 2003, which granted defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs. Before: Buckley, P.J., Lerner, Friedman, Sweeny and Catterson, JJ. Although there were no witnesses to the accident, the circumstantial evidence indicates that plaintiff's decedent died when he fell from between cars of a moving subway train. Although plaintiff attributes

  11. Section 500.11 - Alternative procedure for selected appeals

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.11   Cited 539 times

    (a) On its own motion, the court may review selected appeals by an alternative procedure. Such appeals shall be determined on the intermediate appellate court record or appendix and briefs, the writings in the courts below and additional letter submissions on the merits. The clerk of the court shall notify all parties by letter when an appeal has been selected for review pursuant to this section. Appellant may request such review in its preliminary appeal statement. Respondent may request such review