37 Cited authorities

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
Cassano v. Hagstrom
5 N.Y.2d 643 (N.Y. 1959) Cited 319 times
In Cassano v. Hagstrom (5 NY2d 643), also cited by defendant, plaintiff failed to raise a triable issue of fact regarding her claim that defendant had negligently severed nerves in her mouth.
Reddington v. Staten
2008 N.Y. Slip Op. 5955 (N.Y. 2008) Cited 70 times 1 Legal Analyses
Noting that "[t]he plain text of [Section 740(7)] indicates that 'instituting an action-without anything more-triggers waiver,'" and "in New York, an action is instituted with the filing of a complaint and service upon opposing parties"
Koken v. Reliance Ins. Co.
586 Pa. 269 (Pa. 2006) Cited 65 times
Holding that the term "shall" is mandatory for purposes of statutory construction when the statute is unambiguous
Environmental v. Larchwood Corp.
101 A.D.2d 591 (N.Y. App. Div. 1984) Cited 121 times
May 29, 1984 Appeal from the Supreme Court, Suffolk County, Frank De Luca, J. Ingerman, Smith, Greenberg Gross ( Jonathan Heidelberger and Bernard C. Smith of counsel), for appellant. Lynn, Ledwith Quinlan ( Robert P. Lynn, Jr., of counsel), for respondents. TITONE, J.P. In this action to recover damages for breach of contract and for violation of the trust fund provisions of sections 70 Lien and 71 Lien of the Lien Law, the plaintiff appeals from an order of the Supreme Court, Suffolk County, which
Po Yee So v. Wing Tat Realty, Inc.
259 A.D.2d 373 (N.Y. App. Div. 1999) Cited 70 times 1 Legal Analyses
Holding that it was improvident for a trial judge to overrule a jury's verdict granting $400,000 for past pain and suffering and $200,000 for future pain and suffering for plaintiff who suffered a multiple ankle fracture and torn ligament that required open reduction surgery and the insertion of a metal plate, and necessitated ambulation on crutches for two years following the accident and a "guarded" prognosis by her physician
Mtr. of Jamie R. v. Consilvio
2006 N.Y. Slip Op. 1042 (N.Y. 2006) Cited 40 times
12. Argued January 5, 2006. Decided February 9, 2006. APPEAL, by permission of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the First Judicial Department, entered February 24, 2005. The Appellate Division (1) reversed, on the law and the facts, an order and judgment (one paper) (denominated resettled order) of the Supreme Court, New York County (Shirley Werner Kornreich, J.), which, in a proceeding pursuant to CPL 330.20 (16) and Mental Hygiene Law § 9.35
Werner v. State of New York
53 N.Y.2d 346 (N.Y. 1981) Cited 85 times 1 Legal Analyses
Holding that " claimant who applies for, is awarded and accepts workers' compensation . . . benefits is barred by the exclusive remedy and finality provisions of the Workers' Compensation Law from maintaining a [judicial] action against [his employer] for intentional assault."
Cochetti v. Gralow
192 A.D.2d 974 (N.Y. App. Div. 1993) Cited 51 times
Reversing on other grounds a jury award of, inter alia, $10,000 after a 40% reduction for comparative negligence for a knee injury suffered in a slip-and-fall on ice resulting in surgery
Freudenthal v. County of Nassau
99 N.Y.2d 285 (N.Y. 2003) Cited 34 times
Explaining that, under N.Y. Exec. Law § 297 [c], commissioner may award compensatory damages that include damages for "mental anguish and other forms of pain and suffering"

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

37 Cited authorities

In Cassano v. Hagstrom (5 NY2d 643), also cited by defendant, plaintiff failed to raise a triable issue of fact regarding her claim that defendant had negligently severed nerves in her mouth.

Noting that "[t]he plain text of [Section 740(7)] indicates that 'instituting an action-without anything more-triggers waiver,'" and "in New York, an action is instituted with the filing of a complaint and service upon opposing parties"

Holding that the term "shall" is mandatory for purposes of statutory construction when the statute is unambiguous

Holding that " claimant who applies for, is awarded and accepts workers' compensation . . . benefits is barred by the exclusive remedy and finality provisions of the Workers' Compensation Law from maintaining a [judicial] action against [his employer] for intentional assault."

Reversing on other grounds a jury award of, inter alia, $10,000 after a 40% reduction for comparative negligence for a knee injury suffered in a slip-and-fall on ice resulting in surgery

Explaining that, under N.Y. Exec. Law § 297 [c], commissioner may award compensatory damages that include damages for "mental anguish and other forms of pain and suffering"