77 Cited authorities

Derdiarian v. Felix Contr Co.
51 N.Y.2d 308 (N.Y. 1980) Cited 1,881 times
Holding 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 1,945 times 1 Legal Analyses
Holding 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 762 times
Finding 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
Schneider v. Kings Highway Hospital Center
67 N.Y.2d 743 (N.Y. 1986) Cited 352 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
People v. Geraci
85 N.Y.2d 359 (N.Y. 1995) Cited 240 times 1 Legal Analyses
Adopting procedure and burden of proof established by Holtzman
Gayle v. City of New York
92 N.Y.2d 936 (N.Y. 1998) Cited 189 times
Finding 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
Bernstein v. City of New York
69 N.Y.2d 1020 (N.Y. 1987) Cited 230 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
Gonzalez v. New York City Housing Authority
77 N.Y.2d 663 (N.Y. 1991) Cited 173 times 1 Legal Analyses
Upholding a $350,000 award for conscious pain and suffering even though the medical examiner noted that two causes of her death - a contusion of the scalp and fracture of the cervical spine - were consistent with a simultaneous loss of consciousness and death, because there was sufficient circumstantial evidence to support the conclusion that decedent was conscious when most of the injuries were inflicted
Argentina v. Emery World Wide Delivery Corp.
93 N.Y.2d 554 (N.Y. 1999) Cited 91 times
Reviewing joint legislative history of N.Y. Vehicle and Traffic Law §§ 253 and 388
Lynn v. Lynn
216 A.D.2d 194 (N.Y. App. Div. 1995) Cited 83 times
In Lynn, the Court rejected plaintiffs invocation of the Noseworthy doctrine because she and the defendant's decedent, plaintiffs brother, were similarly situated with respect to their knowledge of how the accident occurred (216 A.D.2d at 195).

Jose Montas, Appellant,v.JJC Construction Corporation, et al., Respondents.

77 Cited authorities

Finding 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

Finding plaintiff established prima facie case through evidence that it was more likely that hospital worker rather than plaintiff lowered guardrails on hospital bed

Adopting procedure and burden of proof established by Holtzman

Finding 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

Reviewing joint legislative history of N.Y. Vehicle and Traffic Law §§ 253 and 388

In Lynn, the Court rejected plaintiffs invocation of the Noseworthy doctrine because she and the defendant's decedent, plaintiffs brother, were similarly situated with respect to their knowledge of how the accident occurred (216 A.D.2d at 195).