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In the Matter of World Trade Center Lower Manhattan Disaster Site Litigation.---------------------------------Stanislaw Faltynowicz, et al., Appellants, State of New York, Intervenor-Appellant,v.Battery Park City Authority, et al., Respondents.---------------------------------Santiago Alvear, Appellant, State of New York, Intervenor-Appellant, v. Battery Park City Authority, Respondent.---------------------------------Peter Curley et al., Appellants, State of New York, Intervenor-Appellant, v. Battery Park City Authority, Respondent.

Brief

15 Cited authorities

  1. Hymowitz v. Lilly Co.

    73 N.Y.2d 487 (N.Y. 1989)   Cited 208 times   2 Legal Analyses
    Holding that relaxation of the traditional product identification requirement in tort law to provide a forum to innocent victims of the drug DES was not a "clearly excessive" burden "in relation to the putative local benefits" and, hence, was not violative of the Commerce Clause

  2. In re World Trade Ctr. Lower Manhattan Disaster Site Litig.

    44 F. Supp. 3d 409 (S.D.N.Y. 2014)   Cited 18 times
    Finding that Espinal and Moch stood for "the general public policy that courts will not impose a tort duty on a contracting party where doing so would expose the party to potentially unlimited and undefined liability" and finding a duty where there was "no risk of ... boundless tort liability"

  3. Gallewski v. Hentz Co.

    301 N.Y. 164 (N.Y. 1950)   Cited 51 times
    Upholding a statute that retroactively tolled the statute of limitations for the period during which the plaintiff's country was under German occupation during World War II

  4. Barrett v. Wojtowicz

    66 A.D.2d 604 (N.Y. App. Div. 1979)   Cited 12 times
    In Barrett v. Wojtowicz, 66 A.D.2d 604, 610, 414 N.Y.S.2d 350 (1979), a New York appellate court wrestled with the same “apparent conflict” that exists between O.R.S. 147.065 and O.R.S. 147.275 when interpreting New York's original “Son of Sam” statute.

  5. McGowan v. New York Tel. Co.

    144 Misc. 2d 625 (N.Y. Sup. Ct. 1989)

    June 21, 1989 Wilson Elser Moskowitz Edelman Dicker (Francis P. Manchisi, Robert L. Joyce, Henry J. Walsh and John E. Reilly of counsel), for defendants. Lipsig Sullivan Liapakis (Dennis Bellovin and Michael Yoeli of counsel), for plaintiffs. DAVID B. SAXE, J. The plaintiffs in this negligence action are three firemen and their wives, who seek money damages for injuries allegedly sustained as a result of fighting a fire on February 27, 1975 at 204 Second Avenue in Manhattan (the premises). The premises

  6. Matter of McCann v. Walsh Constr. Co.

    282 A.D. 444 (N.Y. App. Div. 1953)   Cited 33 times
    Upholding statute reviving time barred claims for workers' compensation arising from compressed air illness because it was “a disease of an insidious character, the effects of which might be latent or long delayed, the right to compensation might be barred by the operation of the [s]tatute of [l]imitations even before the claimant was aware of the fact that he had the disease”

  7. Robinson v. Robins Dry Dock Repair Co.

    238 N.Y. 271 (N.Y. 1924)   Cited 86 times
    Rejecting a due process challenge to statute that revised claims in response to a U.S. Supreme Court decision

  8. Matter of McCann v. Walsh Construction Co.

    306 N.Y. 904 (N.Y. 1954)   Cited 29 times

    Argued March 3, 1954 Decided April 8, 1954 Appeal from the Supreme Court, Appellate Division, Third Department. Victor Fiddler, Bernard Katzen, William H. Stieglitz and George J. Hayes for appellants. Nathaniel L. Goldstein, Attorney-General ( Roy Wiedersum, Wendell P. Brown and Harry Pastor of counsel), for Workmen's Compensation Board, respondent. Order affirmed, with costs; no opinion. Concur: LEWIS, Ch. J., CONWAY, DESMOND, DYE, FULD, FROESSEL and VAN VOORHIS, JJ.

  9. Section 50-E - Notice of claim

    N.Y. Gen. Mun. Law § 50-E   Cited 4,870 times   2 Legal Analyses
    Providing that an application for leave to serve a late notice of claim shall be made to “the supreme court or to the county court”

  10. Section 50-I - Presentation of tort claims; commencement of actions

    N.Y. Gen. Mun. Law § 50-I   Cited 1,453 times
    Noting that "it shall appear by and as an allegation in the complaint or moving papers that at least thirty days have elapsed since the service of such notice ... and that adjustment or payment thereof has been neglected or refused"

  11. Section 40101 - Policy

    49 U.S.C. § 40101   Cited 560 times   20 Legal Analyses
    Finding that "providing assistance to law enforcement agencies in the enforcement of laws related to regulation of controlled substances" is "in the public interest"

  12. Section 214-C - Certain actions to be commenced within three years of discovery

    N.Y. CPLR 214-C   Cited 491 times   4 Legal Analyses
    Extending the limitations period in such cases by a year, running from the time that scientific knowledge of a causal relationship was established

  13. Section 201 - Definitions

    42 U.S.C. § 201   Cited 232 times   6 Legal Analyses
    Defining "Secretary" as Secretary of HHS

  14. Section 500.27 - Discretionary proceedings to review certified questions from Federal courts and other courts of last resort

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.27   Cited 230 times   2 Legal Analyses
    Authorizing the New York Court of Appeals to review certain certified questions

  15. Section 500.13 - Content and form of briefs in normal course appeals

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.13

    (a) Content. All briefs shall conform to the requirements of section 500.1 of this Part and contain a table of contents, a table of cases and authorities, questions presented, point headings, and, if necessary, a disclosure statement pursuant to section 500.1(f) of this Part. Such disclosure statement shall be included before the table of contents in the party's principal brief. Appellant's brief shall include a statement showing that the court has jurisdiction to entertain the appeal and to review