39 Cited authorities

  1. Krupski v. Costa Crociere S. P. A.

    560 U.S. 538 (2010)   Cited 1,014 times   2 Legal Analyses
    Holding claim relates back where plaintiff misunderstood which entity was in charge of ship that allegedly caused injury
  2. Alvarez v. Prospect Hosp

    68 N.Y.2d 320 (N.Y. 1986)   Cited 16,981 times   1 Legal Analyses
    Finding summary judgment appropriate by relying on a treating doctor's unrebutted deposition testimony
  3. Zuckerman v. City of N.Y

    49 N.Y.2d 557 (N.Y. 1980)   Cited 21,253 times   2 Legal Analyses
    Granting summary judgment as the city's arguments were considered speculation and this was "patently inadequate to establish the existence of a factual issue requiring a trial . . ."
  4. United States v. Orleans

    425 U.S. 807 (1976)   Cited 1,069 times   1 Legal Analyses
    Holding that a community action agency did not act as a federal agent or instrumentality for purposes of the FTCA even though the agency was organized under federal regulations and was heavily funded by the federal government
  5. Schiavone v. Fortune

    477 U.S. 21 (1986)   Cited 691 times
    Holding that in order to relate back "the basic claim must have arisen out of the conduct set forth in the original pleading"
  6. Andre v. Pomeroy

    35 N.Y.2d 361 (N.Y. 1974)   Cited 2,444 times
    Granting summary judgment to plaintiff in case in which defendant admitted that while driving in heavy traffic she took her eyes off the road to look for something in her purse and drove into the car in front of her
  7. Buran v. Coupal

    87 N.Y.2d 173 (N.Y. 1995)   Cited 534 times
    Holding that the mistake need not be excusable
  8. Santana v. Thruway Auth

    92 Misc. 2d 1 (N.Y. Ct. Cl. 1977)   Cited 664 times
    In Matter of Santana v New York State Thruway Auth. (92 Misc.2d 1), it was stated that in order for a claim to appear to be meritorious, it must not be patently groundless, frivolous or legally defective, and the court must find upon a consideration of the entire record that there is reasonable cause to believe that a valid cause of action exists.
  9. Joseph v. Elan Motorsports Technologies Racing Corp.

    638 F.3d 555 (7th Cir. 2011)   Cited 144 times
    Holding that the nature of the contractual relationships issue put unnamed, but related, corporate defendant on notice that it would have been named as a defendant but for the plaintiff's mistake
  10. Valdez v. U.S.

    518 F.3d 173 (2d Cir. 2008)   Cited 92 times
    Holding that FTCA claim accrued no later than the date legal advice was sought but remanding for further proceedings "because the record is silent with respect to the circumstances that led [the infant's mother] to seek legal assistance"
  11. Rule 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 67,807 times   87 Legal Analyses
    Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint
  12. Section 1200.0 - Terminology

    N.Y. Comp. Codes R. & Regs. tit. 22 § 1200.0   Cited 1,695 times   1 Legal Analyses
    Declining or terminating representation