43 Cited authorities

  1. Transamerica Mortgage Advisors, Inc. v. Lewis

    444 U.S. 11 (1979)   Cited 1,242 times   5 Legal Analyses
    Holding that the Investment Advisors Act implies a limited remedy to void an investment advisors contract while recognizing that the Act was "intended to benefit the clients of investment advisees"
  2. Lombardi v. Stout

    80 N.Y.2d 290 (N.Y. 1992)   Cited 837 times
    Finding that where plaintiff fell from a ladder while removing tree branches, the accident arose from the manner plaintiff conducted his work, and not from a dangerous condition
  3. Crane v. Conoco, Inc.

    41 F.3d 547 (9th Cir. 1994)   Cited 322 times
    Applying Montana law
  4. Santangelo v. State of N.Y

    71 N.Y.2d 393 (N.Y. 1988)   Cited 171 times
    Holding that the firefighter's rule barred suit by two police officers against state employees for injuries suffered in the course of subduing a mental patient who had escaped from a mental hospital as a result of negligent supervision
  5. Williams v. City of New York

    2 N.Y.3d 352 (N.Y. 2004)   Cited 108 times
    In Williams, as pertinent here, two New York City Police detectives, in the course of their duties, were killed when a prisoner they were transporting shot them with a service revolver that he had obtained from a detective's locker while being detained in a Detective Squad locker room (see id. at 361–362, 779 N.Y.S.2d 449, 811 N.E.2d 1103).
  6. New York State Law Enforcement Employees

    64 N.Y.2d 233 (N.Y. 1984)   Cited 168 times
    Discussing separation of powers of government of State of New York
  7. Gilson v. Metropolitan Opera

    2005 N.Y. Slip Op. 8846 (N.Y. 2005)   Cited 83 times

    160. Argued October 19, 2005. Decided November 22, 2005. APPEAL from an order of the Appellate Division of the Supreme Court in the First Judicial Department, entered January 11, 2005. The Appellate Division, with two Justices dissenting, (1) reversed, on the law, an order of the Supreme Court, Bronx County (Janice L. Bowman, J.), which, insofar as appealed from, had denied a motion by defendant Metropolitan Opera to dismiss the complaint as against it or in the alternative for summary judgment dismissing

  8. Galapo v. City of New York

    744 N.E.2d 685 (N.Y. 2000)   Cited 83 times
    Finding that the NYPD Patrol Guide could not give rise to liability under a state statute, primarily because it was not a "duly-enacted body of law or regulation," and stating that, "though some of its provisions are couched in mandatory terms, the Patrol Guide does not prescribe the specific action to be taken in each situation encountered by individual officers, but rather is intended to serve as a guide for members of the Police Department."
  9. Cusumano v. City of New York

    2010 N.Y. Slip Op. 7250 (N.Y. 2010)   Cited 56 times

    No. 161. Argued September 16, 2010. Decided October 14, 2010. APPEAL, by permission of the Appellate Division of the Supreme Court in the Second Judicial Department, from an order of that Court, entered April 7, 2009. The Appellate Division (1) modified, on the law, the facts and in the exercise of discretion, a judgment of the Supreme Court, Queens County (Patricia E Satterfield, J.), which had awarded plaintiffs damages against defendant in the principal sum of $1,700,000; and (2) modified an order

  10. Gonzalez v. Iocovello

    93 N.Y.2d 539 (N.Y. 1999)   Cited 74 times
    In Gonzalez we concluded that a General Municipal Law § 205–e cause of action could be predicated upon violation of Vehicle and Traffic Law § 1104(e), which imposed a duty that drivers of authorized emergency vehicles drive with due regard for the safety of all persons, and without reckless disregard for the safety of others (93 N.Y.2d at 551, 693 N.Y.S.2d 486, 715 N.E.2d 489).
  11. Section 1983 - Civil action for deprivation of rights

    42 U.S.C. § 1983   Cited 365,885 times   525 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 1,362 times   13 Legal Analyses
    Noting the OSH Act arose from concern surrounding "personal injuries and illnesses arising out of work situations"
  13. Section 654 - Duties of employers and employees

    29 U.S.C. § 654   Cited 546 times   31 Legal Analyses
    Requiring each employer to provide each employee a place "free from recognized hazards that are causing death or serious physical harm"
  14. Section 653 - Geographic applicability; judicial enforcement; applicability to existing standards; report to Congress on duplication and coordination of Federal laws; workmen's compensation law or common law or statutory rights, duties, or liabilities of employers and employees unaffected

    29 U.S.C. § 653   Cited 326 times   1 Legal Analyses
    Establishing that nothing in the OSHA statute "shall be construed to ... enlarge or diminish or affect in any other manner the common law or statutory rights, duties or liabilities of employers and employees under any law ..."
  15. Section 800.3 - Adoption of standards

    N.Y. Comp. Codes R. & Regs. tit. 12 § 800.3   Cited 12 times

    The Commissioner of Labor adopts, as the occupational safety and health standards for the protection of the safety and health of public employees, all of the standards in the below-listed parts of Title 29 of the Code of Federal Regulations: Part 1910--General Industry Standards; June 1, 2016 edition, with the exception of Section 1910.1000 -Air Contaminants, which is addressed by Section 800.5 of this Part. Part 1915--Shipyard Employment Standards; June 1, 2016 edition Part 1917--Marine Terminals