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Contact Chiropractic, P.C., as Assignee of Girtha Butler, Respondent,v.New York City Transit Authority, Appellant.

Brief

26 Cited authorities

  1. Heller v. Doe

    509 U.S. 312 (1993)   Cited 2,340 times   1 Legal Analyses
    Holding that courts must accept a legislature's generalizations under rational basis review "even when there is an imperfect fit between means and ends" or where the classification "is not made with mathematical nicety"

  2. New York State Club Assn. v. New York City

    487 U.S. 1 (1988)   Cited 568 times   1 Legal Analyses
    Holding that "the second kind of facial challenge will not succeed unless the statute is `substantially' overbroad, which requires the court to find `a realistic danger that the statute itself will significantly compromise recognized First Amendment protections of parties not before the Court'" (quoting Members of the City Council of Los Angeles v. Taxpayers for Vincent, 466 U.S. 789, 801, 104 S.Ct. 2118, 2126, 80 L.Ed.2d 772 (1984))

  3. Locurto v. Safir

    264 F.3d 154 (2d Cir. 2001)   Cited 394 times
    Holding that an interlocutory appeal is permitted from the denial of immunity at the motion to dismiss phase, even when it is without prejudice, because such a denial is "conclusive with regard to a defendant's right to avoid pre-trial discovery, so long as the validity of the denial of the . . . immunity defense can be decided as a matter of law in light of the record on appeal"

  4. Aetna Life & Casualty Co. v. Nelson

    67 N.Y.2d 169 (N.Y. 1986)   Cited 197 times
    Holding that a claim accrues when "all of the facts necessary to the cause of action have occurred so that the party would be entitled to obtain relief in court"

  5. N.Y. Cnty. Lawyers' Ass'n v. Bloomberg

    2012 N.Y. Slip Op. 7224 (N.Y. 2012)   Cited 83 times
    In County Lawyers' v. Bloomberg, 19 N.Y.3d 712, 721, 955 N.Y.S.2d 835, 979 N.E.2d 1162 [2012], the Court of Appeals provides additional guidance.

  6. Albany Bldrs. v. Guilderland

    74 N.Y.2d 372 (N.Y. 1989)   Cited 159 times
    Holding Guilderland's local law was preempted by New York state law which provided a comprehensive scheme for funding road construction

  7. Matter of Lee Tt. v. Dowling

    87 N.Y.2d 699 (N.Y. 1996)   Cited 130 times
    Holding that foster parents satisfied "plus" requirement because as a result of their listing on the state child abuse registry, the foster children were removed, they lost benefits available to them as foster parents, and they lost statutory preference for adoption

  8. Consolidated Edison Co. of New York, Inc. v. Town of Red Hook

    60 N.Y.2d 99 (N.Y. 1983)   Cited 177 times   1 Legal Analyses
    Holding state had preempted local regulation regarding the siting of major steam electric-generating plants

  9. New York State Club Ass'n v. City of New York

    69 N.Y.2d 211 (N.Y. 1987)   Cited 150 times   1 Legal Analyses
    Noting that a state law "permits" activity so as to bar local regulation, only when it evidences an intent to preempt varying local regulations or "when the state specifically permits the conduct" that the locality bans

  10. Jancyn Mfg. v. Suffolk County

    71 N.Y.2d 91 (N.Y. 1987)   Cited 140 times   1 Legal Analyses
    Holding that State law did not preempt a county ordinance prohibiting sale of sewage system cleaning additives where there was no express conflict with State Environmental Control Law

  11. Section 11 - Restrictions on the adoption of local laws

    N.Y. Mun. Home Rule Law § 11   Cited 99 times
    Stating that municipalities “shall not be deemed authorized ... to adopt a local law which supersedes a state statute, if such local law ... [a]pplies to or affects the courts as required or provided by article six of the constitution”