§Why CasetextPricing

Lisa M. Oakes, Individually and as Executrix of the Estate of Daniel C. Oakes, Deceased, Respondent,v.Rajnikant Patel, M.D., et al., Appellants.

Brief

17 Cited authorities

  1. In re Aho

    39 N.Y.2d 241 (N.Y. 1976)   Cited 4,323 times

    Argued January 16, 1976 Decided April 6, 1976 Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, ELBERT T. GALLAGHER, J. Richard C. Welden for appellant. Daniel G. Donovan and Gerald Nolan for respondents. JONES, J. We hold that the attorneys who represented this alleged incompetent in the proceedings which resulted in the adjudication of her incompetency had authority to prosecute the appeal from such adjudication and therein to seek review of the denial of

  2. Lolik v. Big V Supermarkets, Inc.

    86 N.Y.2d 744 (N.Y. 1995)   Cited 1,064 times

    Decided July 5, 1995 Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, Robert F. Doran, J. Grasso, Rodriguez, Putorti, Grasso Zyra, Schenectady (Lawrence J. Zyra of counsel), for appellants. Rowley, Forrest, O'Donnell, Beaumont Pelersi, P.C., Albany (John H. Beaumont and Richard W. Bader of counsel), for respondent. MEMORANDUM. The order of the Appellate Division should be reversed, with costs, and the matter remitted to that Court for further proceedings in

  3. Burke v. Crosson

    85 N.Y.2d 10 (N.Y. 1995)   Cited 153 times

    Argued January 5, 1995 Decided February 9, 1995 Appeal from the Supreme Court, Onondaga County, Rosemary S. Pooler, J. Dennis C. Vacco, Attorney-General, Albany (Frank K. Walsh, Jerry Boone and Peter H. Schiff of counsel), for Edward Regan and another, appellants. Michael Colodner, New York City, John Eiseman and John J. Sullivan for Matthew T. Crosson, appellant. Julian Pertz, P.C., Utica (Robert F. Julian of counsel), for respondents. TITONE, J. Plaintiffs, three Onondaga County Court Judges, commenced

  4. Gerbino v. Tinseltown USA

    13 A.D.3d 1068 (N.Y. App. Div. 2004)   Cited 27 times
    Holding that trial court properly dismissed comparative negligence and superseding cause defenses

  5. Deitsch Textiles v. New York Prop. Ins. Underwriting

    62 N.Y.2d 999 (N.Y. 1984)   Cited 41 times
    Finding fraudulent proof of loss required willfulness of misrepresentation

  6. Orlikowski v. Cornerstone Comm

    55 A.D.3d 1245 (N.Y. App. Div. 2008)   Cited 11 times

    No. CA 07-01883. October 3, 2008. Appeal and cross appeal from a judgment of the Supreme Court, Erie County (John F. O'Donnell, J.), entered May 9, 2007 in a personal injury action. The judgment awarded plaintiffs damages against defendants in the amount of $513,069.09. ZDARSKY, SAWICKI AGOSTINELLI LLP, BUFFALO (PATRICK A. DUDLEY OF COUNSEL), FOR DEFENDANTS-APPELLANTS-RESPONDENTS. LO TEMPIO BROWN, P.C., BUFFALO (PATRICK J. BROWN OF COUNSEL), FOR plaintiff's-RESPONDENTS-APPELLANTS. Before: Martoche

  7. Robillard v. Robbins

    78 N.Y.2d 1105 (N.Y. 1991)   Cited 21 times

    Argued October 16, 1991 Decided November 25, 1991 Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, Robert F. Doran, J. James L. Pemberton for appellants. Harold D. Gordon for respondent. MEMORANDUM. The order of the Appellate Division should be affirmed, with costs. While defendants urge that it was error to allow plaintiff's medical expert to express opinions on the very questions to be resolved by the jury, their general objections were insufficient to preserve

  8. Infante v. City of New York

    258 A.D.2d 333 (N.Y. App. Div. 1999)   Cited 9 times
    In Infante v City of New York (258 AD2d 333, 334), a gas station used a portion of a public sidewalk as an entrance to its premises and occasionally for parking, we held that "[t]he use of the public sidewalk as a driveway and parking lot for the gas station... was a special use, and there was sufficient evidence to establish that such special use caused the defect in the sidewalk that caused plaintiff to fall."

  9. Camacho v. Rochester City School District

    20 A.D.3d 916 (N.Y. App. Div. 2005)   Cited 3 times

    July 1, 2005. Appeal from an order of the Supreme Court, Monroe County (David D. Egan, J.), entered July 2, 2004. The order denied plaintiff's motion to set aside parts of the jury verdict. Before: Hurlbutt, J.P., Scudder, Martoche, Pine and Lawton, JJ. It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by granting the motion in part and setting aside the award of damages for future pain and suffering and as modified the order is affirmed

  10. Quain v. Buzzetta Constr Corp.

    69 N.Y.2d 376 (N.Y. 1987)   Cited 17 times

    Argued March 19, 1987 Decided April 2, 1987 Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Irma Vidal Santaella, J. Kevin J. Kelly and William F. Larkin for appellant. Peter L. Zimroth, Corporation Counsel (Fred Kolikoff and Larry Sonnenshein of counsel), for City of New York, respondent. Lewis Rosenberg, Alexander J. Wulwick and Marianne M. Acito for Rose Quain and others, respondents. Per Curiam. Although a grant of leave to appeal to this court ordinarily