§Why CasetextPricing

Rosemond Barney-Yeboah, Respondent,v.Metro-North Commuter Railroad, Appellant.

Brief

18 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 517 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. Mejia v. New York City Transit Authority

    291 A.D.2d 225 (N.Y. App. Div. 2002)   Cited 71 times

    5474 February 7, 2002. Order, Supreme Court, New York County (Robert Lippmann, J.), entered on or about June 27, 2001, which granted defendant's motion for summary judgment dismissing the complaint and denied plaintiff's cross motion for summary judgment on the issue of liability, unanimously modified, on the law, the complaint reinstated to the extent that it states a cause of action under the doctrine of res ipsa loquitur, and otherwise affirmed, without costs. JERILYN F. RUBIN, for plaintiffs-appellants

  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. Radnay v. 1036 Park Corporation

    17 A.D.3d 106 (N.Y. App. Div. 2005)   Cited 18 times

    5787. April 5, 2005. Order, Supreme Court, New York County (Barbara R. Kapnick, J.), entered July 27, 2004, insofar as it denied plaintiffs' motion for partial summary judgment based on res ipsa loquitur, denied the summary judgment motion of defendants 1036 Park Corporation and Charles H. Greenthal Management Corp., and granted the motion of defendant S. Kraus, Inc, doing business as Skyline Windows, for summary judgment dismissing the cross claims and third-party complaint against it, unanimously

  7. Martinez v. City of New York

    292 A.D.2d 349 (N.Y. App. Div. 2002)   Cited 21 times

    2001-09186 Argued January 29, 2002. March 5, 2002. In an action to recover damages for wrongful death, the plaintiff appeals from an order of the Supreme Court, Kings County (Hutcherson, J.), dated September 10, 2001, which denied her motion for summary judgment against the defendant City of New York on the issue of liability. S. Edmund Resciniti, Brooklyn, N.Y. (Thomas Torto of counsel), for appellant. Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Leonard Koerner and Ronald E. Sternberg

  8. 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.).

  9. Dillenberger v. 74 Fifth Avenue Owners Corp.

    155 A.D.2d 327 (N.Y. App. Div. 1989)   Cited 30 times
    In Dillenberger, the First Department held that res ipsa loquitur permitted an "inference of negligence" where a pipe in a common area burst, damaging the proprietary-lessee plaintiff's property, where the proprietary lease required defendant to "maintain, Operate and repair the plumbing, heating and sprinkler systems and to maintain the common areas in good repair" (155 AD2d at 327).

  10. Harmon v. United States Shoe Corp.

    262 A.D.2d 1010 (N.Y. App. Div. 1999)   Cited 17 times
    Rejecting defendant's argument that plaintiff was required to establish actual or constructive notice of defect in res ipsa loquitur case

  11. Section 600.10 - Format and content of records, appendices and briefs

    N.Y. Comp. Codes R. & Regs. tit. 22 § 600.10   Cited 11 times

    (a) Form and size. (1) Generally; paper and page size. Records, appendices and briefs shall be reproduced by any method that produces a permanent, legible, black on white copy and shall be on a good grade of white, opaque, unglazed recycled paper that satisfies the requirements of subdivision (e) of this section. Paper shall measure vertically 11 inches on the bound edge and horizontally 81/2 inches. The clerk may refuse to accept for filing a paper which is not legible or otherwise does not comply