§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

78 Cited authorities

  1. Misicki v. Caradonna

    2009 N.Y. Slip Op. 3764 (N.Y. 2009)   Cited 597 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

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

    60 N.Y.2d 957 (N.Y. 1983)   Cited 995 times   1 Legal Analyses
    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]).

  3. McCaskey, Davies Assoc. v. N.Y. City Health Hosps

    59 N.Y.2d 755 (N.Y. 1983)   Cited 514 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 279 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 443 times
    Upholding the trial court's grant of defendants' cross-motion to amend answer so as to add the affirmative defense of the statute of limitations in the absence of demonstrated prejudice to plaintiff

  6. Hartford Insurance Company v. County of Nassau

    46 N.Y.2d 1028 (N.Y. 1979)   Cited 380 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 162 times
    Holding that improper "'error in judgment' charge was harmless"; "the evidence so clearly supports a verdict in favor of the defendant . . . Supreme Court's error did not prejudice a substantial right of the plaintiff"

  8. Schozer v. Wm. Penn Life Ins. Co.

    84 N.Y.2d 639 (N.Y. 1994)   Cited 193 times
    Holding that the proponent of secondary evidence must preliminarily establish that it "is authentic and correctly reflects the contents of the original"

  9. Barbara Goldberg v. Isadore Horowitz

    73 A.D.3d 691 (N.Y. App. Div. 2010)   Cited 106 times
    In Goldberg v Horowitz, 73 AD3d 691, 694 (2d Dept 2010), the Second Department held that "[a] plaintiff's evidence of proximate cause may be found legally sufficient even if his or her expert is unable to quantify the extent to which the defendant's act or omission decreased the plaintiff's chance of a better outcome or increased the injury, 'as long as evidence is presented from which the jury may infer that the defendant's conduct diminished the chance of a better outcome or increased [the] injury'" (citations omitted)

  10. In the Matter of Khatibi v. Weill

    8 A.D.3d 485 (N.Y. App. Div. 2004)   Cited 125 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

  11. Section 500.22 - Motions for permission to appeal in civil cases

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.22   Cited 43 times

    (a) Filing and notice. In addition to the submission in digital format required by subsection 500.22(e) of this section, movant shall file an original and one copy of its motion, unless permitted to proceed pursuant to subsection 500.21(g), with proof of service of one copy on each other party. The motion shall be noticed for a return date in compliance with CPLR 5516 and subsection 500.21(b) of this Part. (b) Content. The motion shall be a single document, bound on the left, and shall contain in