Zuckerman v. City of N.Y.
49 N.Y.2d 557 (N.Y. 1980) Cited 24,782 times 9 Legal AnalysesGranting 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 . . ."
Pommells v. Perez
4 N.Y.3d 566 (N.Y. 2005) Cited 2,056 timesHolding that a plaintiff's claim survived summary judgment when her doctor stated that she had suffered severe and permanent injuries and that opinion was supported by measurements of loss of range of motion and an MRI revealing herniated discs
Bernard v. Shayne
2007 N.Y. Slip Op. 3594 (N.Y. 2007) Cited 627 times 1 Legal AnalysesHolding litigation expenses to correct the defendants' error and expert fees for retrial, were expenditures readily ascertainable and calculated by the lower court.
Buran v. Coupal
87 N.Y.2d 173 (N.Y. 1995) Cited 649 times 2 Legal AnalysesHolding that the mistake need not be excusable
Santana v. Thruway Auth
92 Misc. 2d 1 (N.Y. Ct. Cl. 1977) Cited 700 timesIn 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.
Sands v. State
49 A.D.3d 444 (N.Y. App. Div. 2008) Cited 121 timesNo. 3074. March 25, 2008. Order of the Court of Claims of the State of New York (Alton R. Waldon, Jr., J.), entered November 24, 2006, which granted defendants' motion to dismiss the claim and denied plaintiffs motion for leave to file a late claim, unanimously affirmed, without costs. Paul D. Creinis, L.L.C., Brooklyn (Paul D. Creinis of counsel), for appellant. Andrew M. Cuomo, Attorney General, Albany (Frank K. Walsh of counsel), for respondents. Before: Gonzalez, J.P., Buckley, Moskowitz and
MB Industries, LLC v. CNA Insurance Co.
74 So. 3d 1173 (La. 2011) Cited 91 timesHolding in legal malpractice action, failure to mitigate damages is an affirmative defense, and burden of proof is on party asserting defense
Lurch v. United States
719 F.2d 333 (10th Cir. 1983) Cited 108 timesHolding medical contractor's providing own workers' compensation and other insurance supports finding of independent contractor, not employer-employee, relationship
Austin v. Interfaith Medical Center
264 A.D.2d 702 (N.Y. App. Div. 1999) Cited 67 timesFinding that a party contractually bound to indemnify a hospital to be united in interest with the hospital
Leone v. U.S.
910 F.2d 46 (2d Cir. 1990) Cited 78 timesHolding that physicians designated by the Federal Aviation Administration as aviation medical examiners were not government agents for FTCA purposes even though the physicians were subject to the Federal Air Surgeon's general supervision and were required to comply with detailed federal regulations and apply federal standards
Section 1331 - Federal question
28 U.S.C. § 1331 Cited 97,102 times 133 Legal AnalysesFinding that in order to invoke federal question jurisdiction, a plaintiff's claims must arise "under the Constitution, laws, or treaties of the United States."
Rule 10 - The Record on Appeal
Fed. R. App. P. 10 Cited 2,406 times 6 Legal AnalysesNoting that the record consists of papers and exhibits filed in the district court, the transcript of proceedings, and a copy of the docket
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