§Why CasetextPricing

Tara Keating Brooks, et al., Appellants,v.Robert S. April, M.D., et al., Respondents.

Brief

11 Cited authorities

  1. Vega v. Restani Constr. Corp.

    2012 N.Y. Slip Op. 1148 (N.Y. 2012)   Cited 2,796 times   1 Legal Analyses
    Affirming denial of summary judgment

  2. Sillman v. Twentieth Century-Fox

    3 N.Y.2d 395 (N.Y. 1957)   Cited 5,986 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of the existence of any assignment, it shall have the right to withhold payments until the assignment is cancelled or withdrawn"

  3. Derdiarian v. Felix Contr Co.

    51 N.Y.2d 308 (N.Y. 1980)   Cited 1,880 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"

  4. Ferrante v. Am. Lung Assn

    90 N.Y.2d 623 (N.Y. 1997)   Cited 939 times
    Holding that "[i]t is not the court's function on a motion for summary judgment to assess credibility"

  5. Szczerbiak v. Pilat

    90 N.Y.2d 553 (N.Y. 1997)   Cited 761 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

  6. Linton v. Nawaz

    2010 N.Y. Slip Op. 2835 (N.Y. 2010)   Cited 151 times

    No. 122 SSM 8. Decided April 6, 2010. APPEAL, by permission of the Appellate Division of the Supreme Court in the First Judicial Department, from an order of that Court, entered May 7, 2009. The Appellate Division modified, on the law, an order of the Supreme Court, New York County (Deborah A. Kaplan, J), which had denied a motion by defendants for summary judgment dismissing the complaint. The modification consisted of granting the motion to the extent of dismissing plaintiffs claim that he sustained

  7. Linton v. Nawaz

    62 A.D.3d 434 (N.Y. App. Div. 2009)   Cited 108 times
    Holding that where a doctor determined, contrary to the defendants' expert reports, that the plaintiff's injuries were caused by the accident "based on a full physical examination of plaintiff made within days of the onset of plaintiff's complaints . . . , which plaintiff told him ensued after he was involved in a traumatic accident," plaintiff had "raise[d] a triable issue as to whose medical opinion was worthy of greater weight"

  8. Johnson v. City of New York

    2010 N.Y. Slip Op. 8609 (N.Y. 2010)   Cited 37 times
    Holding that the governmental function defense barred a claim arising from a stray bullet fired by police because "on this record ... it cannot be said that the officers failed to exercise discretion in discharging their weapons"

  9. Falk v. Goodman

    7 N.Y.2d 87 (N.Y. 1959)   Cited 174 times

    Submitted October 5, 1959 Decided December 30, 1959 Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, GEORGE EILPERIN, J. Meyer F. Goodman and Paul Edwin Kast for appellant. Julius Siegel for respondents. DYE, J. In this action to recover a deposit made in connection with a contract for the purchase and sale of a dwelling, the plaintiffs have a judgment in their favor entered on an order granting a motion for summary judgment (Rules Civ. Prac., rule 113).

  10. David v. Hutchinson

    114 A.D.3d 412 (N.Y. App. Div. 2014)   Cited 13 times
    In David v. Hutchinson (114 A.D.3d 412, 412, 980 N.Y.S.2d 38 [1st Dept.2014]), the decedent complained of abdominal pain during an emergency room visit following gallbladder removal surgery 11 days earlier.