§Why CasetextPricing

Kevin Kowalski, Appellant,v.St. Francis Hospital and Health Centers, et al., Respondents, et al., Defendants.

Brief

28 Cited authorities

  1. Alvarez v. Prospect Hosp

    68 N.Y.2d 320 (N.Y. 1986)   Cited 21,156 times   8 Legal Analyses
    Finding summary judgment appropriate by relying on a treating doctor's unrebutted deposition testimony

  2. Zuckerman v. City of N.Y.

    49 N.Y.2d 557 (N.Y. 1980)   Cited 24,782 times   9 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 . . ."

  3. Addington v. Texas

    441 U.S. 418 (1979)   Cited 2,623 times   5 Legal Analyses
    Holding that "the individual's interest in the outcome of a civil commitment proceeding is of such weight and gravity that due process requires the state to justify confinement by proof more substantial than a mere preponderance of the evidence"

  4. Humphrey v. Cady

    405 U.S. 504 (1972)   Cited 707 times
    Holding that a commitment to a mental hospital produces "a massive curtailment of liberty"

  5. N. X. v. Cabrini Medical Center

    97 N.Y.2d 247 (N.Y. 2002)   Cited 301 times   1 Legal Analyses
    Holding that hospital resident's sexual assault of patient was outside the scope of employment

  6. Schrempf v. State

    66 N.Y.2d 289 (N.Y. 1985)   Cited 194 times
    Holding that the State failed to take proper security measures and was liable for injuries caused by mental patient who escaped from state psychiatric institution, where the inmate had a history of recent escapes, self-mutilation, and assaults, and was left unattended

  7. Engelhart v. County of Orange

    16 A.D.3d 369 (N.Y. App. Div. 2005)   Cited 110 times

    2003-10328. March 7, 2005. In an action, inter alia, to recover damages for wrongful death, the defendants Michael I. Levy and the County of Orange separately appeal, as limited by their respective briefs, from so much of an order of the Supreme Court, Orange County (McGuirk, J.), dated October 21, 2003, as denied those branches of their respective motions which were for summary judgment dismissing the complaint and all cross claims insofar as asserted against them. Before: H. Miller, J.P., Adams

  8. Parvi v. City of Kingston

    41 N.Y.2d 553 (N.Y. 1977)   Cited 223 times
    Finding that police officers who arrested a drunk man had breached their assumed duty to him by releasing him close to a highway and not orienting him, such that he was then struck by a car

  9. Halvorsen v. Baird

    146 F.3d 680 (9th Cir. 1998)   Cited 62 times
    Holding that a private non-profit firm providing detoxification services pursuant to a municipal contract did not enjoy qualified immunity from § 1983 liability

  10. Schloendorff v. New York Hospital

    211 N.Y. 125 (N.Y. 1914)   Cited 482 times
    Explaining that "a surgeon who performs an operation without his patient's consent commits an assault"

  11. 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