81 Cited authorities

  1. Gordon v. American Museum of Natural History

    67 N.Y.2d 836 (N.Y. 1986)   Cited 2,775 times
    Holding 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
  2. Palka v. Servicemaster Mgt.

    83 N.Y.2d 579 (N.Y. 1994)   Cited 606 times
    Holding third party liable where third party's all-inclusive maintenance contract rendered it the only guarantor of "a safe and clean . . . premises."
  3. Sanchez v. State of New York

    99 N.Y.2d 247 (N.Y. 2002)   Cited 414 times
    Holding that State may be on constructive notice "from its knowledge of risks to a class of inmates based on the institution's expertise or prior experience, or from its own policies and practices designed to address such risks"
  4. Schneider v. Kings Highway Hospital Center

    67 N.Y.2d 743 (N.Y. 1986)   Cited 312 times
    Finding plaintiff established prima facie case through evidence that it was more likely that hospital worker rather than plaintiff lowered guardrails on hospital bed
  5. McDermott v. Coffee Beanery

    9 A.D.3d 195 (N.Y. App. Div. 2004)   Cited 158 times   1 Legal Analyses

    2982. May 20, 2004. APPEAL from an order of the Supreme Court, New York County (Ralph Boniello, J.), entered June 11, 2003 following a jury trial in a personal injury action. The order granted plaintiffs' motion to set aside the verdict in favor of defendant-appellant as being against the weight of the evidence, and remanded the matter for a new trial on the issues of proximate cause and damages. Goldman Grossman ( Eleanor R. Goldman and Jay S. Grossman of counsel), for appellant. William D. Fireman

  6. Rogers v. Dorchester Assoc

    32 N.Y.2d 553 (N.Y. 1973)   Cited 365 times
    Holding that the "rule of apportionment" did not apply to passive parties because they "are only vicariously liable"
  7. Weiss v. Fote

    7 N.Y.2d 579 (N.Y. 1960)   Cited 539 times
    In Weiss, the New York Court of Appeals found that the City of Buffalo's Board of Safety, having made a reasonable decision with respect to the timing of traffic lights, was not subject to review.
  8. Reilly v. Newireen Assoc

    303 A.D.2d 214 (N.Y. App. Div. 2003)   Cited 149 times
    In Reilly, the First Department upheld the trial court's denial of plaintiff's application for leave to amend the complaint where plaintiff's complaint and bill of particulars failed to reference any Industrial Code regulations, and a court ordered deadline for amending the pleadings had passed (id. at 217-218). While plaintiff could have pled more precisely, there is nothing in Reilly that suggests that this lack of precision necessitates dismissal of 12 NYCRR 1.7 (e) (2) as a possible predicate for liability.
  9. Bernstein v. City of New York

    69 N.Y.2d 1020 (N.Y. 1987)   Cited 215 times

    Decided June 4, 1987 Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Alan Saks, J. Peter L. Zimroth, Corporation Counsel (Margaret G. King of counsel), for appellant. Fred R. Profeta, Jr., and Alan B. Katz for respondent. MEMORANDUM. The order of the Appellate Division should be reversed, with costs, and the complaint dismissed. Plaintiff slipped and fell while crossing an intersection near a Bronx bus stop, and fractured his kneecap. At the trial of his

  10. D'Ambrosio v. City of New York

    55 N.Y.2d 454 (N.Y. 1982)   Cited 240 times
    In D'Ambrosio, however, this court abrogated the "special benefit" rule and held that the City could not seek common-law indemnification from the adjacent landowner for "trip and fall" damages resulting from a poorly maintained sidewalk appurtenance, at least in the absence of an undertaking by the property owner "to repair for the benefit of the municipality" (55 N.Y.2d, at 463, supra).