37 Cited authorities

  1. In re Aho

    39 N.Y.2d 241 (N.Y. 1976)   Cited 3,536 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. Cassano v. Hagstrom

    5 N.Y.2d 643 (N.Y. 1959)   Cited 247 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.
  3. Environmental v. Larchwood Corp.

    101 A.D.2d 591 (N.Y. App. Div. 1984)   Cited 114 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

  4. Reddington v. Staten

    2008 N.Y. Slip Op. 5955 (N.Y. 2008)   Cited 54 times   1 Legal Analyses
    Discussing the "uniquely interconnected elements of sections 740 and 741 ; specifically, every section 741 claim expressly relies on and incorporates section 740 for purposes of enforcement"
  5. Po Yee So v. Wing Tat Realty, Inc.

    259 A.D.2d 373 (N.Y. App. Div. 1999)   Cited 68 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
  6. Koken v. Reliance Ins. Co.

    586 Pa. 269 (Pa. 2006)   Cited 48 times
    Holding that the term "shall" is mandatory for purposes of statutory construction when the statute is unambiguous
  7. Werner v. State of New York

    53 N.Y.2d 346 (N.Y. 1981)   Cited 83 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."
  8. Mtr. of Jamie R. v. Consilvio

    2006 N.Y. Slip Op. 1042 (N.Y. 2006)   Cited 36 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

  9. Cochetti v. Gralow

    192 A.D.2d 974 (N.Y. App. Div. 1993)   Cited 50 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
  10. Freudenthal v. County of Nassau

    784 N.E.2d 1165 (N.Y. 2003)   Cited 32 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"