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Allison Gammons, Respondent,v.City of New York, et al., Appellants.

Brief

28 Cited authorities

  1. Middlesex County Sewerage Authority v. National Sea Clammers Ass'n

    453 U.S. 1 (1981)   Cited 1,385 times   9 Legal Analyses
    Holding that displacement of a federal common law injunctive action necessarily implies that a damages action brought for the same claim is also displaced

  2. McLean v. City of New York

    2009 N.Y. Slip Op. 2449 (N.Y. 2009)   Cited 553 times   3 Legal Analyses
    Recognizing shortcomings in conduct of municipal employees that could have prevented harm incurred by plaintiffs, but noting that "this is not the test" for municipal liability

  3. Mark G. v. Sabol

    93 N.Y.2d 710 (N.Y. 1999)   Cited 110 times   1 Legal Analyses
    Holding Title 4 of Article 6 of the Social Services Law does not confer a private right of action

  4. Galapo v. City of New York

    95 N.Y.2d 568 (N.Y. 2000)   Cited 91 times
    In Galapo v. City of New York, 95 N.Y.2d 568 (2000), the New York Court of Appeals addressed the issue of what constitutes a statute, ordinance, or rule which can serve as the basis for an action under GML 205-e.

  5. Matter of World Trade Center Bombing Litigation

    93 N.Y.2d 1 (N.Y. 1999)   Cited 74 times

    Decided February 16, 1999 BELLACOSA, J.: The civil lawsuits, assembled within this consolidated discovery dispute, stem from negligence claims of individuals and businesses that allege various injuries and damages as a result of the World Trade Center bombing in 1993. At issue are plaintiffs' pretrial efforts to obtain WTC building security plans and documents from the Port Authority. Defendant PA opposes this document turnover on grounds of public safety. It asserts New York's public interest privilege

  6. Ries v. National Railroad Passenger Corp.

    960 F.2d 1156 (3d Cir. 1992)   Cited 90 times
    Holding that § 653(b) prohibits private causes of action including the use of a violation of an OSHA regulation to establish negligence per se

  7. Elliott v. S.D. Warren Company

    134 F.3d 1 (1st Cir. 1998)   Cited 72 times
    Questioning the continuing validity of Pratico

  8. Jablonski v. Jakaitis

    85 A.D.3d 969 (N.Y. App. Div. 2011)   Cited 44 times

    No. 2010-06886. June 21, 2011. In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Orange County (Slobod, J.), dated April 21, 2010, which granted the defendant's motion for summary judgment dismissing the complaint and denied their cross motion for leave to serve an amended complaint to add a cause of action based on General Municipal Law § 205-e. Grant Longworth, LLP, Dobbs Ferry, N.Y. (Marie R. Hodukavich of counsel), for appellants

  9. Lubecki v. City of N.Y.

    304 A.D.2d 224 (N.Y. App. Div. 2003)   Cited 58 times
    Ruling that city is not immune when "the evidence established that the police violate clearly established protocols and procedures" concerning the discharge of weapons

  10. Bauer v. the Female Academy of the Sacred Heart

    97 N.Y.2d 445 (N.Y. 2002)   Cited 59 times
    Noting that "proof of no safety devices at all were provided could form the basis for strict liability (as well as a finding of negligence per se);" the fact that the court found these were two distinct findings suggests they are not the same legal concept

  11. Section 1983 - Civil action for deprivation of rights

    42 U.S.C. § 1983   Cited 485,542 times   688 Legal Analyses
    Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation

  12. Section 651 - Congressional statement of findings and declaration of purpose and policy

    29 U.S.C. § 651   Cited 1,486 times   19 Legal Analyses
    Noting the OSH Act arose from concern surrounding "personal injuries and illnesses arising out of work situations"