80 Cited authorities

  1. Espinal v. Melville Snow Contractors

    98 N.Y.2d 136 (N.Y. 2002)   Cited 1,445 times
    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 610 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 443 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 475 times
    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. Negri v. Stop and Shop, Inc.

    65 N.Y.2d 625 (N.Y. 1985)   Cited 618 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
  6. Pulka v. Edelman

    40 N.Y.2d 781 (N.Y. 1976)   Cited 791 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
  7. Hamilton v. Beretta U.S.A. Corp.

    96 N.Y.2d 222 (N.Y. 2001)   Cited 307 times   1 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 596 times
    Concluding that “it suffices that the tortious conduct be a natural incident of the employment”
  9. Webb v. Jarvis

    575 N.E.2d 992 (Ind. 1991)   Cited 400 times
    Holding that whether a duty exists is determined by balancing three factors: the relationship between the parties, the foreseeability of the occurrence, and public policy concerns
  10. D'Amico v. Christie

    71 N.Y.2d 76 (N.Y. 1987)   Cited 426 times
    Holding that application of dram shop law "requires a commercial sale of alcohol"
  11. Section 405.4 - Medical staff

    N.Y. Comp. Codes R. & Regs. tit. 10 § 405.4   Cited 11 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

  12. § 60.7 Reporting medical malpractice payments

    45 C.F.R. § 60.7   Cited 11 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

  13. Section 405.9 - Admission/discharge

    N.Y. Comp. Codes R. & Regs. tit. 10 § 405.9   Cited 10 times

    (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

  14. 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