60 Cited authorities

  1. Clark-Fitzpatrick, Inc. v. Long Island Rail Road

    70 N.Y.2d 382 (N.Y. 1987)   Cited 2,944 times   1 Legal Analyses
    Holding that, where plaintiff alleged that defendant failed to exercise "due care" in the design of a railroad project, plaintiff's negligence allegations were "merely a restatement, albeit in slightly different language, of the 'implied' contractual obligations asserted in the cause of action for breach of contract. Moreover, the damages plaintiff allegedly sustained as a consequence of defendant's violation of a 'duty of due care' in designing the project were clearly within contemplation of the written agreement."
  2. Lombardi v. Whitman

    485 F.3d 73 (2d Cir. 2007)   Cited 219 times
    Holding that officials’ allegedly false reassurances as to air safety in lower Manhattan after 9/11 attack did not shock the conscience
  3. Corcoran v. New York Power Authority

    202 F.3d 530 (2d Cir. 1999)   Cited 245 times
    Holding that a claim accrued when the plaintiff knew that he "may have been exposed to radiation" at his workplace, that he had leukemia, and that a link existed between leukemia and radiation exposure
  4. 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
  5. Davidson v. Bronx Hosp

    64 N.Y.2d 59 (N.Y. 1984)   Cited 153 times
    In Davidson, the plaintiff sued a municipal hospital based on negligence when the plaintiff's violin was allegedly stolen from the plaintiff's vehicle while it was parked in a lot owned by the defendant.
  6. City of New York v. State

    86 N.Y.2d 286 (N.Y. 1995)   Cited 112 times
    Observing "extreme reluctance of courts to intrude in the political relationships between the Legislature, the State and its governmental subdivisions"
  7. Price v. New York City Housing Authority

    92 N.Y.2d 553 (N.Y. 1998)   Cited 93 times
    Referring to NYCHA as a "public entity"
  8. 423 South Salina Street, Inc. v. City of Syracuse

    68 N.Y.2d 474 (N.Y. 1986)   Cited 129 times
    Holding that plaintiff's claim for violation of New York State Constitution was barred by New York's notice-of-claim provision
  9. Cnty. of Chemung v. Shah

    2016 N.Y. Slip Op. 7043 (N.Y. 2016)   Cited 42 times

    10-27-2016 In the Matter of COUNTY OF CHEMUNG, Respondent, v. Nirav R. SHAH, M.D., M.P.H., as Commissioner of the New York State Department of Health, et al., Appellants. In the Matter of County of St. Lawrence, Respondent, v. Nirav R. Shah, M.D., M.P.H., as Commissioner of the New York State Department of Health, et al., Appellants. (And Two Other Related Proceedings.) In the Matter of County of Chautauqua, Appellant, v. Nirav R. Shah, M.D., M.P.H., as Commissioner of the New York State Department

  10. Schulz v. State of New York

    84 N.Y.2d 231 (N.Y. 1994)   Cited 67 times
    Ruling that State Thruway Authority and Metropolitan Transportation Authority were public benefit corporations that existed independently of state for purpose of contracting legally binding obligations; whether to recognize a moral obligation is within the state's discretion and cannot be judicially imposed; a proposal to fund in a subsequent year, which includes a disclaimer and is subject to legislature's appropriation, does not create a legally binding debt
  11. Section 50-E - Notice of claim

    N.Y. Gen. Mun. Law § 50-E   Cited 4,907 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”
  12. Section 50-I - Presentation of tort claims; commencement of actions

    N.Y. Gen. Mun. Law § 50-I   Cited 1,466 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"
  13. Rule 5.1 - Constitutional Challenge to a Statute-Notice, Certification, and Intervention

    Fed. R. Civ. P. 5.1   Cited 626 times   5 Legal Analyses
    Permitting the state attorney general to intervene when a party files a paper "drawing into question the constitutionality" of a state statute
  14. 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
  15. Section 1971 - Statement of legislative findings and purposes

    N.Y. Pub. Auth. Law § 1971   Cited 9 times
    Describing the need for and objectives of the Authority
  16. Section 15-2103 - Creation of river regulating districts

    N.Y. Envtl. Conserv. Law § 15-2103   Cited 5 times

    1. Bodies corporate, which shall consist of and be known as river regulating districts, may be created pursuant to title 21 of this article to construct, maintain and operate reservoirs within such districts, subject to the provisions of this article for the purpose of regulating the flow of streams, when required by the public welfare, including public health and safety. Such river regulating districts are declared to be public corporations and shall have perpetual existence and the power to acquire