50 Cited authorities

  1. Zuckerman v. City of N.Y.

    49 N.Y.2d 557 (N.Y. 1980)   Cited 24,708 times   9 Legal Analyses
    Granting 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 . . ."
  2. Winegrad v. N.Y. Univ. Medical Center

    64 N.Y.2d 851 (N.Y. 1985)   Cited 17,995 times   8 Legal Analyses
    Reversing the motion court's order granting the defendants' cross-motion for summary judgment where they failed to demonstrate, with admissible proof, that the claims against them should be dismissed
  3. Sillman v. Twentieth Century-Fox

    3 N.Y.2d 395 (N.Y. 1957)   Cited 5,960 times   2 Legal Analyses
    Finding that provision prohibited assignments when the provision stated, in part, that "neither party hereto shall assign this agreement . . . without the prior written consent of the other party," and "that [defendant] shall not be required to recognize any assignments; and that if [defendant] shall receive notice of the existence of any assignment, it shall have the right to withhold payments until the assignment is cancelled or withdrawn"
  4. Ferrante v. Am. Lung Assn

    90 N.Y.2d 623 (N.Y. 1997)   Cited 936 times
    Holding that "[i]t is not the court's function on a motion for summary judgment to assess credibility"
  5. Yelder v. Walters

    64 A.D.3d 762 (N.Y. App. Div. 2009)   Cited 296 times

    No. 2008-05676. July 28, 2009. In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Queens County (Lane, J.), entered May 27, 2008, which denied their motion for summary judgment dismissing the complaint. Richard T. Lau, Jericho, N.Y. (Keith E. Ford and Thomas S. Quinn, Jr., of counsel), for appellants. Law Offices of Joseph Katz Associates, P.C. (Ben Lyhovsky, Brooklyn, N.Y., of counsel), for respondent. Before: Prudenti, P.J., Dillon,

  6. Cox v. Nunez

    23 A.D.3d 427 (N.Y. App. Div. 2005)   Cited 218 times

    2004-06116. November 14, 2005. In an action to recover damages for personal injuries, etc., the defendant Lawrence Cox appeals from an order of the Supreme Court, Suffolk County (Burke, J.), dated April 5, 2004, which denied his motion for summary judgment dismissing the complaint insofar as asserted against him. Brand Glick Brand, Garden City, N.Y. (Robert S. Mazzuchin of counsel), for appellant. Epstein, Grammatico, Frankini Marotta, Hauppauge, N.Y. (Diana T. Bishop of counsel), for defendant Ivelisse

  7. Lopez v. Beltre

    59 A.D.3d 683 (N.Y. App. Div. 2009)   Cited 175 times

    February 24, 2009. In an action to recover damages for personal injuries, etc., the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Westchester County (Lefkowitz, J.), entered June 3, 2008, as granted the motion of the defendant Village of Port Chester for summary judgment dismissing the complaint insofar as asserted against it and, in effect, denied, as academic, those branches of their cross motion which were to dismiss the affirmative defenses in the

  8. Barbieri v. Vokoun

    72 A.D.3d 853 (N.Y. App. Div. 2010)   Cited 105 times
    In Barbieri v Vokoun (72 AD3d 853 [2d Dept 2010]), the Second Department held, in a similar case involving a driver colliding into a pedestrian with the right of way at a crosswalk, that a violation of a standard of care imposed by the Vehicle and Traffic Law constitutes negligence per se, citing to Coogan v Torrisi, 47 AD3d 669, 670 [2d Dept 2008] ; Jones v Radeker, 32 AD3d 494, 496 [2d Dept 2006] ; and Lagana v Fox, 6 AD3d 583 [2d Dept 2004]).
  9. Thoma v. Ronai

    82 N.Y.2d 736 (N.Y. 1993)   Cited 134 times
    In Thoma, the plaintiff was crossing East 79th Street along the west side of First Avenue, with the walk signal in her favor, when she was hit while in the crosswalk by a van that had been driving northbound on First Avenue, which made a left turn onto East 79th Street heading westbound.
  10. Gause v. Martinez

    91 A.D.3d 595 (N.Y. App. Div. 2012)   Cited 73 times

    2012-01-10 Laurel E. GAUSE, plaintiff/counterclaim defendant-respondent,Darryl L. Gause, plaintiff-respondent, v. Carlos MARTINEZ, defendant/counterclaim plaintiff-appellant. Cheven, Keely & Hatzis, New York, N.Y. (William B. Stock of counsel), for defendant/counterclaim plaintiff-appellant. Rubenstein & Rynecki, Brooklyn, N.Y. (Kliopatra Vrontos of counsel), for plaintiffs-respondents. PETER B. SKELOS Cheven, Keely & Hatzis, New York, N.Y. (William B. Stock of counsel), for defendant/counterclaim