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Edwin Davis et al., Appellants,v.South Nassau Communities Hospital, et al., Respondents.

Brief

80 Cited authorities

  1. Espinal v. Melville Snow Contractors

    98 N.Y.2d 136 (N.Y. 2002)   Cited 1,909 times   1 Legal Analyses
    Holding that contract requiring snow removal service to plow when snow accumulation reached three inches was "not the type of 'comprehensive and exclusive' property maintenance obligation contemplated" by previous case law

  2. Palka v. Servicemaster Mgt.

    83 N.Y.2d 579 (N.Y. 1994)   Cited 686 times
    Holding third party liable where third party's all-inclusive maintenance contract rendered it the only guarantor of "a safe and clean . . . premises."

  3. Church v. Callanan Industries Inc.

    99 N.Y.2d 104 (N.Y. 2002)   Cited 511 times
    Describing the first Espinal exception as applying to circumstances "where the promisor, while engaged affirmatively in discharging a contractual obligation, creates an unreasonable risk of harm to others, or increases that risk"

  4. Lauer v. City of New York

    95 N.Y.2d 95 (N.Y. 2000)   Cited 544 times   1 Legal Analyses
    Holding that the Medical Examiner's statutory duty to prepare post-autopsy reports and report to the District Attorney benefits "the public at large" and was not enacted for individual benefit

  5. Pulka v. Edelman

    40 N.Y.2d 781 (N.Y. 1976)   Cited 924 times
    Holding that parking garage owner had no special relationship to pedestrians passing by on sidewalk in front of garage exit and that garage had no duty to protect off-premise pedestrians from negligent conduct of patrons

  6. Negri v. Stop and Shop, Inc.

    65 N.Y.2d 625 (N.Y. 1985)   Cited 678 times
    Holding that circumstantial evidence that broken jars of baby food were on the floor for fifteen to twenty minutes tended to show that supermarket had constructive notice of the dangerous condition

  7. Hamilton v. Beretta U.S.A. Corp.

    96 N.Y.2d 222 (N.Y. 2001)   Cited 390 times   2 Legal Analyses
    Holding that handgun manufacturers do not owe a duty of reasonable care in the marketing and distribution of their handguns to persons injured or killed through the use of illegally obtained handguns, but leaving open the question of retailers' liability

  8. Riviello v. Waldron

    47 N.Y.2d 297 (N.Y. 1979)   Cited 664 times
    Concluding that “it suffices that the tortious conduct be a natural incident of the employment”

  9. D'Amico v. Christie

    71 N.Y.2d 76 (N.Y. 1987)   Cited 467 times
    Holding that application of dram shop law "requires a commercial sale of alcohol"

  10. Webb v. Jarvis

    575 N.E.2d 992 (Ind. 1991)   Cited 412 times   1 Legal Analyses
    Holding a plaintiff must establish "a duty on the part of the defendant to conform h[is] conduct to a standard of care arising from h[is] relationship with the plaintiff"

  11. Section 600.1483 - Claim for damages alleging medical malpractice; limitation on noneconomic damages; exceptions; itemizing damages into economic and noneconomic loss; "noneconomic loss" defined; adjusting limitations on noneconomic loss

    Mich. Comp. Laws § 600.1483   Cited 66 times
    Referring to damages for economic loss and damages for noneconomic loss

  12. Section 405.9 - Admission/discharge

    N.Y. Comp. Codes R. & Regs. tit. 10 § 405.9   Cited 13 times   1 Legal Analyses

    (a)General. (1) The governing body shall establish and implement written admission and discharge policies to protect the health and safety of the patients and shall not assign or delegate the functions of admission and discharge to any referral agency and shall not permit the splitting or sharing of fees between a referring agency and the hospital. (b)Admission. (1) Each patient shall be advised of their rights pursuant to section 405.7 of this Part and, as appropriate, the criteria for Medicaid

  13. Section 405.4 - Medical staff

    N.Y. Comp. Codes R. & Regs. tit. 10 § 405.4   Cited 12 times

    The hospital shall have an organized medical staff that operates under bylaws approved by the governing body. (a)Medical staff accountability. The medical staff shall be organized and accountable to the governing body for the quality of the medical care provided to all patients. (1) The medical staff shall establish objective standards of care and conduct to be followed by all practitioners granted privileges at the hospital. Those standards shall: (i) be consistent with prevailing standards of medical

  14. Section 60.7 - Reporting medical malpractice payments

    45 C.F.R. § 60.7   Cited 12 times

    (a)Who must report. Each entity, including an insurance company, which makes a payment under an insurance policy, self-insurance, or otherwise, for the benefit of a health care practitioner in settlement of or in satisfaction in whole or in part of a claim or a judgment against such health care practitioner for medical malpractice, must report information as set forth in paragraph (b) of this section to the NPDB and to the appropriate state licensing board(s) in the state in which the act or omission

  15. Section 500.1 - General requirements

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.1   Cited 1 times

    (a) All papers shall comply with applicable statutes and rules, particularly the signing requirement of section 130-1.1 -a of this Title. (b) Papers filed. Papers filed means briefs, papers submitted pursuant to sections 500.10 and 500.11 of this Part, motion papers, records and appendices. (c) Method of reproduction. All papers filed may be reproduced by any method that produces a permanent, legible, black image on white paper. Reproduction on both sides of the paper is encouraged. (d) Designation