48 Cited authorities

Matter of Kelly v. Safir
96 N.Y.2d 32 (N.Y. 2001) Cited 397 times
Confirming penalty of dismissal despite prior exemplary service and commendations
Burgos v. Aqueduct Realty Corp.
92 N.Y.2d 544 (N.Y. 1998) Cited 328 times 2 Legal Analyses
In Burgos, in contrast, the court found that summary judgment was not appropriate despite the intruder requirement because "the plaintiff in her affidavit stated that she did not recognize her assailants, although she lived in a relatively small building and was familiar with all of the building's tenants and their families."
Friedman v. State of New York
67 N.Y.2d 271 (N.Y. 1986) Cited 458 times
Applying rule to state highway design
Turturro v. City of N.Y.
2016 N.Y. Slip Op. 8579 (N.Y. 2016) Cited 160 times
In Turturro, for example, a 12–year–old plaintiff was struck by a speeding car while he attempted to ride his bicycle across a four-lane road as to which the City had received numerous complaints of excessive speed (28 N.Y.3d at 485, 45 N.Y.S.3d 874, 68 N.E.3d 693).
Gilberg v. Barbieri
53 N.Y.2d 285 (N.Y. 1981) Cited 430 times
Concluding conviction for petty offense of harassment did not preclude defendant from contesting merits of subsequent civil suit for assault where defendant did not have incentive to litigate thoroughly in prior action given the "minor" significance of the petty violation, the lack of a right to a jury trial, the lack of vigor typical of the defense of such violations, and the lack of any indication that the parties anticipated the determination would be used against defendant in later litigation
Hain v. Jamison
2016 N.Y. Slip Op. 8583 (N.Y. 2016) Cited 133 times 1 Legal Analyses
Holding that a factual dispute over proximate cause precluded summary judgment
Palsgraf v. Long Island R.R. Co.
248 N.Y. 339 (N.Y. 1928) Cited 2,022 times 11 Legal Analyses
Holding that foreseeability is a factor in determining duty and stating that "the orbit of the danger as disclosed to the eye of reasonable vigilance would be the orbit of the duty"
Weiss v. Fote
7 N.Y.2d 579 (N.Y. 1960) Cited 565 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.
Sheehan v. City of New York
40 N.Y.2d 496 (N.Y. 1976) Cited 339 times
In Sheehan, a bus stopped in a traffic lane rather than by the curb — in violation of regulations — to let passengers on and off. The bus was rear-ended by a sanitation truck, and an injured passenger sued.
Tomassi v. Town of Union
46 N.Y.2d 91 (N.Y. 1978) Cited 288 times
Noting that "utility poles, drainage ditches, culverts, trees and shrubbery are often in close proximity to the traveled right of way ... [b]ut for the careful driver, the placement of these items near the pavement creates no unreasonable danger"

Linda M. Brown, Respondent,v.State of New York, Appellant.

48 Cited authorities

Confirming penalty of dismissal despite prior exemplary service and commendations

Applying rule to state highway design

In Turturro, for example, a 12–year–old plaintiff was struck by a speeding car while he attempted to ride his bicycle across a four-lane road as to which the City had received numerous complaints of excessive speed (28 N.Y.3d at 485, 45 N.Y.S.3d 874, 68 N.E.3d 693).

Holding that a factual dispute over proximate cause precluded summary judgment

Holding that foreseeability is a factor in determining duty and stating that "the orbit of the danger as disclosed to the eye of reasonable vigilance would be the orbit of the duty"

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.

In Sheehan, a bus stopped in a traffic lane rather than by the curb — in violation of regulations — to let passengers on and off. The bus was rear-ended by a sanitation truck, and an injured passenger sued.

Noting that "utility poles, drainage ditches, culverts, trees and shrubbery are often in close proximity to the traveled right of way ... [b]ut for the careful driver, the placement of these items near the pavement creates no unreasonable danger"