§Why CasetextPricing

Gregory C. Miglino, Jr.,, Respondent,v.Bally Total Fitness of Greater New York, Inc., Appellant, et al., Defendant.

Brief

15 Cited authorities

  1. Misicki v. Caradonna

    2009 N.Y. Slip Op. 3764 (N.Y. 2009)   Cited 595 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. Palka v. Servicemaster Mgt.

    83 N.Y.2d 579 (N.Y. 1994)   Cited 686 times
    Holding third party liable where third party's all-inclusive maintenance contract rendered it the only guarantor of "a safe and clean . . . premises."

  3. Tagle v. Jakob

    97 N.Y.2d 165 (N.Y. 2001)   Cited 440 times   1 Legal Analyses
    In Tagle, the plaintiff was injured when he touched an uninsulated electric wire while climbing a tree on the defendant's property.

  4. Zappone v. Home Ins. Co.

    55 N.Y.2d 131 (N.Y. 1982)   Cited 429 times
    Concluding that insurer did not have to disclaim coverage for accident involving automobile that was not the subject of the insurance policies in question

  5. Parvi v. City of Kingston

    41 N.Y.2d 553 (N.Y. 1977)   Cited 223 times
    Finding that police officers who arrested a drunk man had breached their assumed duty to him by releasing him close to a highway and not orienting him, such that he was then struck by a car

  6. Bingham v. New York City Transit Auth.

    99 N.Y.2d 355 (N.Y. 2003)   Cited 75 times

    13 Argued January 14, 2003. Decided February 20, 2003. 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 October 30, 2001, which affirmed an order of the Supreme Court (Robert Lippmann, J.), entered in New York County, granting a motion by defendants for summary judgment dismissing the complaint. Constantine P. Kokkoris, for appellant. Lawrence Heisler, for respondents. Judges Smith, Ciparick, Wesley

  7. Havas v. Victory Paper

    49 N.Y.2d 381 (N.Y. 1980)   Cited 101 times
    Noting negligence is an issue "particularly appropriate to leave ... to the jury" because of the "idiosyncratic nature of most tort cases" and because "reasonableness" is generally appropriate for jury resolution

  8. Ragucci v. Professional Servs

    25 A.D.3d 43 (N.Y. App. Div. 2005)   Cited 28 times
    Holding that architect's contract to design a house qualified as contract for "consumer goods" within the meaning of § 399-c

  9. Mirza v. Metropolitan Life Ins. Co.

    2 A.D.3d 808 (N.Y. App. Div. 2003)   Cited 17 times

    2002-10882. December 29, 2003. In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (LeVine, J.), dated October 9, 2002, which granted the motion of the defendants SWAT Security Group, Inc., and Richard A. Paredes, individually and d/b/a SWAT Security Watchguard Apprehension Team, for summary judgment dismissing the complaint insofar as asserted against them. Robert Dembia, P.C., New York, N.Y., for appellant. Mendes Mount

  10. McDaniel v. Keck

    53 A.D.3d 869 (N.Y. App. Div. 2008)   Cited 5 times

    Nos. 502903, 504292. July 17, 2008. Appeals (1) from an order of the Supreme Court (Coccoma, J.), entered February 5, 2007 in Delaware County, which granted a motion by defendant Bronxville Elementary School for summary judgment dismissing the complaint against it, and (2) from an order of said court, entered December 10, 2007 in Delaware County, which, among other things, granted defendant Nancy Keck's cross motion for summary judgment dismissing the complaint against her. Jacobs Jacobs, Stamford