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

Brief

16 Cited authorities

  1. Alvarez v. Prospect Hosp

    68 N.Y.2d 320 (N.Y. 1986)   Cited 21,160 times   8 Legal Analyses
    Finding summary judgment appropriate by relying on a treating doctor's unrebutted deposition testimony

  2. Zuckerman v. City of N.Y.

    49 N.Y.2d 557 (N.Y. 1980)   Cited 24,783 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 . . ."

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

    64 N.Y.2d 851 (N.Y. 1985)   Cited 18,082 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

  4. Rotuba Extruders v. Ceppos

    46 N.Y.2d 223 (N.Y. 1978)   Cited 3,664 times   1 Legal Analyses
    Holding that summary judgment should be denied where there is any doubt as to the existence of triable issues of fact

  5. Sillman v. Twentieth Century-Fox

    3 N.Y.2d 395 (N.Y. 1957)   Cited 5,987 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of the existence of any assignment, it shall have the right to withhold payments until the assignment is cancelled or withdrawn"

  6. Santiago v. Filstein

    35 A.D.3d 184 (N.Y. App. Div. 2006)   Cited 638 times

    No. 9175, Index 27621/02. December 7, 2006. Judgment, Supreme Court, Bronx County (Kenneth L. Thompson, Jr., J.), entered on or about July 21, 2005, dismissing the action as against defendant Dr. Mark Filstein, M.D., and bringing up for review an order, same court and Justice, entered July 6, 2005, which granted defendant Filstein's motion for summary judgment, unanimously reversed, on the law, without costs, the judgment vacated, Filstein's motion denied and the complaint reinstated as against him

  7. 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

  8. Thomas v. Holzberg

    300 A.D.2d 10 (N.Y. App. Div. 2002)   Cited 218 times

    2035 December 3, 2002. Order, Supreme Court, Bronx County (Barry Salman, J.), entered April 11, 2002, which denied defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs and disbursements. Richard H. Bliss, for Plaintiff-respondent. Norman R. Ferren, for Defendant-appellant. TOM, J.P., SAXE, SULLIVAN, ROSENBERGER, LERNER, JJ. In this legal malpractice action, defendant attorney was retained by plaintiff to pursue an action arising from personal injuries

  9. Ritt v. Lenox Hill Hospital

    182 A.D.2d 560 (N.Y. App. Div. 1992)   Cited 277 times
    Holding [T]he function of a reply affidavit is to address arguments made in opposition to the position taken by the movant and not to permit the movant to introduce new arguments in support of the motion. . . ."

  10. Stone v. Goodson

    8 N.Y.2d 8 (N.Y. 1960)   Cited 501 times

    Argued March 31, 1960 Decided April 28, 1960 Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, THOMAS A. AURELIO, J. Otis Mark Waters for appellant. Milton Pollack, Warren S. Tenney, Samuel N. Greenspoon and Francis E. Koch for respondents. BURKE, J. In this action for breach of a written contract the Appellate Division has reversed Special Term's order granting summary judgment for the plaintiff and certified the following question — "Was the order of this