7 Cited authorities

  1. Morejon v. Rais Construction Co.

    7 N.Y.3d 203 (N.Y. 2006)   Cited 285 times   1 Legal Analyses
    Holding that summary judgment for a plaintiff on a res ipsa loquitur theory should be a rare event, granted "only when the plaintiff's circumstantial proof is so convincing and the defendant's response so weak that the inference of defendant's negligence is inescapable."
  2. Dermatossian v. New York City Transit Authority

    67 N.Y.2d 219 (N.Y. 1986)   Cited 516 times
    Stating that under Section 5106, "insurers are obliged to honor [the claim] promptly or suffer the statutory penalties"
  3. Kambat v. St. Francis Hosp

    89 N.Y.2d 489 (N.Y. 1997)   Cited 357 times
    Holding that “[w]hen an operation leaves a sponge or implement in the patient's interior, ... the thing speaks for itself without the aid of any expert's advice”
  4. Pavon v. Rudin

    254 A.D.2d 143 (N.Y. App. Div. 1998)   Cited 84 times
    Observing that courts "apply[] res ipsa loquitur to accidents involving items exposed to significant public traffic, where the specific mechanism that malfunctioned was not handled by the general public"
  5. Foltis, Inc., v. City of New York

    287 N.Y. 108 (N.Y. 1941)   Cited 261 times   1 Legal Analyses
    In Foltis, Inc. v City of New York (287 NY 108), a pivotal case, we reversed the grant of a directed verdict for the plaintiff.
  6. Feblot v. New York Times Co.

    32 N.Y.2d 486 (N.Y. 1973)   Cited 67 times
    In Feblot v New York Times Co. (32 N.Y.2d 486), the authority principally relied upon in the dissenting opinion, the Court of Appeals specifically distinguished from the holding of that case (pp 495-496) "falling elevator and defective interlock cases" in which the injured plaintiff had "no control whatever over the mechanism of the elevator responsible for the accident."
  7. Nesbit v. Transit Auth

    170 A.D.2d 92 (N.Y. App. Div. 1991)   Cited 32 times
    In Nesbit, the plaintiff's decedent was walking on the sidewalk when he was struck on the head by a bar and safety chain that fell from the defendant's elevated subway train (Nesbit, 170 A.D.2d at 94, 574 N.Y.S.2d 179). The safety chain and bar had been attached to the train between two of its cars (id.).