79 Cited authorities

  1. Alvarez v. Prospect Hosp

    68 N.Y.2d 320 (N.Y. 1986)   Cited 16,105 times   1 Legal Analyses
    Finding summary judgment appropriate by relying on a treating doctor's unrebutted deposition testimony
  2. Zuckerman v. City of N.Y

    49 N.Y.2d 557 (N.Y. 1980)   Cited 20,464 times   1 Legal Analyses
    Granting summary judgment as the city's arguments were considered speculation and this was "patently inadequate to establish the existence of a factual issue requiring a trial . . ."
  3. Gordon v. American Museum of Natural History

    67 N.Y.2d 836 (N.Y. 1986)   Cited 2,755 times
    Holding that the defendant was not on constructive notice because there was no evidence that the defendant or anyone else observed the dangerous condition before the plaintiff's fall
  4. Trincere v. County of Suffolk

    90 N.Y.2d 976 (N.Y. 1997)   Cited 822 times
    Holding that injuries resulting from trivial defects not actionable
  5. Sanchez v. State of New York

    99 N.Y.2d 247 (N.Y. 2002)   Cited 408 times
    Holding that State may be on constructive notice "from its knowledge of risks to a class of inmates based on the institution's expertise or prior experience, or from its own policies and practices designed to address such risks"
  6. Negri v. Stop and Shop, Inc.

    65 N.Y.2d 625 (N.Y. 1985)   Cited 613 times
    Holding that circumstantial evidence that broken jars of baby food were on the floor for fifteen to twenty minutes tended to show that supermarket had constructive notice of the dangerous condition
  7. Torres v. Indus. Container

    305 A.D.2d 136 (N.Y. App. Div. 2003)   Cited 91 times

    1047 May 6, 2003. Order, Supreme Court, Bronx County (Barry Salman, J.), entered October 16, 2002, which, in an action for personal injuries and wrongful death allegedly caused by plaintiffs' decedents' exposure to sodium sulfide manufactured and sold to the decedents' employer by defendant-appellant, inter alia, denied appellant's motion for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs. Scott T. Horn, for plaintiffs-respondents. Dawn C. DeSimone, for

  8. Lee v. Bethel First Pentecostal Church

    304 A.D.2d 798 (N.Y. App. Div. 2003)   Cited 69 times

    2002-09531 Argued March 21, 2003. April 28, 2003. In an action to recover damages for personal injuries, the defendant Bethel First Pentecostal Church of America, Inc., appeals from an order of the Supreme Court, Suffolk County (Pitts, J.), dated September 18, 2002, which denied its motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against it. Thomas M. Bona, P.C., White Plains, N.Y. (James C. Miller and Melissa A. McCarthy of counsel), for appellant. John

  9. Hayes v. Riverbend Hous. Comp

    40 A.D.3d 500 (N.Y. App. Div. 2007)   Cited 54 times

    May 29, 2007. Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered December 5, 2005, which denied defendants' motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment in favor of defendants dismissing the complaint. Before: Saxe, J.P., Sullivan, Williams, Gonzalez and Catterson, JJ. Plaintiff sustained injuries when, in the course of performing repair work at premises owned and managed

  10. Weller v. Colls. of Senecas

    635 N.Y.S.2d 990 (N.Y. App. Div. 1995)   Cited 74 times
    In Weller v. Colleges of the Senecas (217 AD2d 280), a student riding a bicycle at night on a college campus pathway was injured when his wheel struck a tree root. Since the root was not an inherent feature of such a pathway and the student did not observe it until the accident, he was held not to have assumed the risk that he might strike it.
  11. s 500.11 - Alternative procedure for selected appeals

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.11   Cited 494 times

    (a) On its own motion, the court may review selected appeals by an alternative procedure. Such appeals shall be determined on the intermediate appellate court record or appendix and briefs, the writings in the courts below and additional letter submissions on the merits. The clerk of the court shall notify all parties by letter when an appeal has been selected for review pursuant to this section. Appellant may request such review in its preliminary appeal statement. Respondent may request such review