Zuckerman v. City of N.Y.
49 N.Y.2d 557 (N.Y. 1980) Cited 24,783 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 . . ."
Vega v. Restani Constr. Corp.
2012 N.Y. Slip Op. 1148 (N.Y. 2012) Cited 2,797 times 1 Legal AnalysesAffirming denial of summary judgment
Gordon v. American Museum of Natural History
67 N.Y.2d 836 (N.Y. 1986) Cited 3,223 timesHolding that the defendant was not on constructive notice because there was no evidence that the defendant or anyone else observed the dangerous condition before the plaintiff's fall
Derdiarian v. Felix Contr Co.
51 N.Y.2d 308 (N.Y. 1980) Cited 1,880 timesHolding that the negligence of a driver did not negate a contractor's failure to safeguard an excavation site, and that "[b]ecause questions concerning what is foreseeable and what is normal may be the subject of varying inferences, as is the question of negligence itself, these issues generally are for the fact finder to resolve"
Cohen v. Hallmark Cards
45 N.Y.2d 493 (N.Y. 1978) Cited 1,944 times 1 Legal AnalysesHolding that the standard of review in assessing a motion for judgment notwithstanding the verdict is whether there is "simply no valid line of reasoning and permissible inferences which could possibly lead rational [people] to the conclusion reached by the jury on the basis of the evidence at trial"
Szczerbiak v. Pilat
90 N.Y.2d 553 (N.Y. 1997) Cited 761 timesFinding that the police officer's striking a pedestrian, while glancing down from the road momentarily to turn on his emergency lights, was "a momentary judgment lapse," which did not alone rise to the level of recklessness
Valdez v. City of New York
2011 N.Y. Slip Op. 7252 (N.Y. 2011) Cited 464 times 1 Legal AnalysesDiscussing the "fundamental obligation of a plaintiff pursuing a negligence cause of action to prove that the putative defendant owed a duty of care"
Solomon v. City of New York
66 N.Y.2d 1026 (N.Y. 1985) Cited 719 timesReferring only to proximate causation
Schneider v. Kings Highway Hospital Center
67 N.Y.2d 743 (N.Y. 1986) Cited 351 timesFinding plaintiff established prima facie case through evidence that it was more likely that hospital worker rather than plaintiff lowered guardrails on hospital bed
Gayle v. City of New York
92 N.Y.2d 936 (N.Y. 1998) Cited 189 timesFinding large puddle on roadway sufficient circumstantial evidence that defendant's negligence in maintaining drainage system caused plaintiff's injuries, where plaintiff alleged that he skidded on wet roadway and collided with truck, resulting in loss of memory about the accident