§Why CasetextPricing

Antonio Garcia, Appellant,v.Government Employees Insurance Company, Respondent.

Brief

50 Cited authorities

  1. Alvarez v. Prospect Hosp

    68 N.Y.2d 320 (N.Y. 1986)   Cited 21,167 times   8 Legal Analyses
    Finding summary judgment appropriate by relying on a treating doctor's unrebutted deposition testimony

  2. Winegrad v. N.Y. Univ. Medical Center

    64 N.Y.2d 851 (N.Y. 1985)   Cited 18,084 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. Andre v. Pomeroy

    35 N.Y.2d 361 (N.Y. 1974)   Cited 3,173 times
    Granting summary judgment to plaintiff in case in which defendant admitted that while driving in heavy traffic she took her eyes off the road to look for something in her purse and drove into the car in front of her

  4. Sillman v. Twentieth Century-Fox

    3 N.Y.2d 395 (N.Y. 1957)   Cited 5,988 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of the existence of any assignment, it shall have the right to withhold payments until the assignment is cancelled or withdrawn"

  5. Gilbert Frank Corporation v. Federal Insurance Company

    70 N.Y.2d 966 (N.Y. 1988)   Cited 1,296 times
    Granting summary judgment based on twelve month statute of limitations provision in insurance contract

  6. Capelin Assoc. v. Globe Mfg. Corp.

    34 N.Y.2d 338 (N.Y. 1974)   Cited 1,468 times
    Holding that "[o]n a motion for summary judgment the court is not to determine credibility, but whether there exists a factual issue, or if arguably there is a genuine issue of fact"

  7. Breed v. Ins. Co. of N. Amer

    46 N.Y.2d 351 (N.Y. 1978)   Cited 911 times   1 Legal Analyses
    Holding that no ambiguity exists where language has "definite and precise meaning, unattended by danger of misconception in the purport of the policy itself, and concerning which there is no reasonable basis for a difference of opinion"

  8. Assaf v. Ropog Cab Corporation

    153 A.D.2d 520 (N.Y. App. Div. 1989)   Cited 560 times
    Approving plaintiff's objective medical evidence and detailed listing of injuries and of their effect

  9. Dauman Displays, Inc. v. Masturzo

    168 A.D.2d 204 (N.Y. App. Div. 1990)   Cited 409 times   3 Legal Analyses

    December 4, 1990 Appeal from the Supreme Court, New York County (Irma Vidal Santaella, J.). This case involves an action for moneys due for goods sold and delivered to the corporate defendant AWI Associates Inc., and on the alleged personal guarantees of the individual defendants. The central issues concern whether two agreements, dated October 20, 1988 and January 20, 1989, constituted, as plaintiff contends, modification agreements of a contract dated March 21, 1988 and whether the individual defendants

  10. Bush v. St. Clare's Hospital

    82 N.Y.2d 738 (N.Y. 1993)   Cited 341 times

    Decided September 9, 1993 Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, Edward S. Conway, J. Friedman Manning, P.C., Delmar (Michael P. Friedman of counsel), for appellant. Maynard, O'Connor Smith, Albany (Arete K. Sprio of counsel), for respondent. MEMORANDUM. The order of the Appellate Division should be reversed, with costs, and defendant hospital's motion for summary judgment denied. It is well settled that proponents of motions for summary judgment