78 Cited authorities

  1. Edenwald Contracting Co., Inc. v. City of New York

    60 N.Y.2d 957 (N.Y. 1983)   Cited 870 times
    In Edenwald Contr. Co. v City of New York (60 N.Y.2d 957), the Court of Appeals, in rejecting a 6 1/2-year delay from the commencement of the action therein as laches, stated that lateness alone is not a barrier to the amendment of pleadings since there must be significant prejudice as well (see also, Sass v Mack Trucks, 158 A.D.2d 332; Granieri v Ryder Truck Rental, 112 A.D.2d 189 [which authorized the addition of a defense some 7 1/2 years after the joinder of issue]).
  2. Misicki v. Caradonna

    2009 N.Y. Slip Op. 3764 (N.Y. 2009)   Cited 374 times
    Holding that 12 N.Y.C.R.R. § 23-9.2 imposes a nondelegable duty to make "necessary repairs or replacement" upon discovery of any unsafe condition
  3. McCaskey, Davies Assoc. v. N.Y. City Health Hosps

    59 N.Y.2d 755 (N.Y. 1983)   Cited 443 times
    Finding it was an abuse of discretion for the Trial Court to deny defendant's motion to amend its answer when there was "nothing in the papers indicative of prejudice to or surprise of plaintiff"
  4. People v. Carroll

    95 N.Y.2d 375 (N.Y. 2000)   Cited 252 times   1 Legal Analyses
    Upholding admission of expert testimony about child sexual abuse accommodation syndrome “for the purpose of instructing the jury about possible reasons why a child might not immediately report incidents of sexual abuse” and emphasizing that expert “never opined that defendant committed the crimes, that defendant's stepdaughter was sexually abused, or even that her specific actions and behavior were consistent with such abuse ”
  5. Fahey v. County of Ontario

    44 N.Y.2d 934 (N.Y. 1978)   Cited 383 times

    Argued May 5, 1978 Decided June 15, 1978 Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, MARSHALL E. LIVINGSTON, J. David G. Retchless, County Attorney (Max Cohen of counsel), for appellant. Michael R. McGee for respondent. MEMORANDUM. The order of the Appellate Division should be reversed, without costs, appellant's motion for leave to serve an amended answer granted, and the certified question answered in the negative. Leave to amend the pleadings "shall

  6. Hartford Insurance Company v. County of Nassau

    46 N.Y.2d 1028 (N.Y. 1979)   Cited 361 times
    Holding that an unexplained two month delay in disclaiming coverage was unreasonable as a matter of law
  7. Nestorowich v. Ricotta

    97 N.Y.2d 393 (N.Y. 2002)   Cited 137 times
    In Nestorowich, a case not involving a psychiatrist, the Court addressed the proper circumstances in which the "error in judgment" charge may be given by a trial court in a medical malpractice action.
  8. Schozer v. Wm. Penn Life Ins. Co.

    84 N.Y.2d 639 (N.Y. 1994)   Cited 153 times
    In Schozer the Court of Appeals held that the trial court should not have precluded the radiologist's report and testimony without having given the defendant the opportunity of establishing that such testimony correctly reflected all of the contents of the original substantially and with reasonable accuracy (id.).
  9. In the Matter of Khatibi v. Weill

    8 A.D.3d 485 (N.Y. App. Div. 2004)   Cited 114 times

    2003-01083. Decided June 14, 2004. In a proceeding pursuant to CPLR article 78 to compel disclosure of records pertaining to a criminal investigation conducted by the respondent Westchester County District Attorney, the petitioner appeals from a judgment of the Supreme Court, Westchester County (Adler, J.), entered December 20, 2002, which denied the petition and dismissed the proceeding. Kian Khatibi, Fishkill, N.Y., appellant pro se. Jeanine Pirro, District Attorney, White Plains, N.Y. (John J

  10. Whalen v. Kawasaki Motors Corp.

    92 N.Y.2d 288 (N.Y. 1998)   Cited 108 times
    Adopting the "settlement-first" method of reducing the verdict by first reducing the verdict by the amount of the settlement and then applying N.Y. C.P.L.R. § 1411 to discount the remainder by the proportion of plaintiff s comparative negligence
  11. s 500.22 - Motions for permission to appeal in civil cases

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.22   Cited 36 times

    (a) Filing and notice. Movant shall file an original and six copies of its papers, unless permitted to proceed pursuant to section 500.21(g) of this Part, with proof of service of two copies on each other party. The motion shall be noticed for a return date in compliance with CPLR 5516 and section 500.21(b) of this Part. (b) Content. Movant's papers shall be a single document, bound on the left, and shall contain in the order here indicated: (1) A notice of motion (see CPLR 2214). (2) A statement