§Why CasetextPricing

Brenda Cornell, Respondent,v.360 West 51st Street Realty, LLC, et al., Defendants, 360 West 51st Street Corp., Appellant.

Brief

28 Cited authorities

  1. Kaufman v. Lilly Co.

    65 N.Y.2d 449 (N.Y. 1985)   Cited 997 times
    Recognizing that the doctrine is "based upon the general notion that it is not fair to permit a party to relitigate an issue that has already been decided against it"

  2. Parker v. Mobil Oil Corp.

    7 N.Y.3d 434 (N.Y. 2006)   Cited 378 times   27 Legal Analyses
    Finding that "standards promulgated by regulatory agencies as protective measures are inadequate to demonstrate legal causation"

  3. Bender v. City of New York

    78 F.3d 787 (2d Cir. 1996)   Cited 330 times
    Holding that plaintiffs who have suffered actual injury cannot obtain compensatory damage awards from a defendant if they have already obtained an award that fully compensates them for the injury from another defendant

  4. Frye v. United States

    293 F. 1013 (D.C. Cir. 1923)   Cited 4,501 times   50 Legal Analyses
    Holding that expert testimony must be based on scientific methods that are sufficiently established and accepted

  5. Barbuto v. Winthrop University Hospital

    305 A.D.2d 623 (N.Y. App. Div. 2003)   Cited 191 times

    2002-10185 Argued May 6, 2003. May 27, 2003. In an action to recover damages for medical malpractice, the defendants Robert Klein and Steven Geier appeal from so much of an order of the Supreme Court, Nassau County (Burke, J.), dated October 16, 2002, as granted the plaintiff's motion for leave to renew their prior motion for summary judgment dismissing the complaint insofar as asserted against them, and, upon renewal, vacated its prior order, dated July 23, 2002, granting the motion for summary

  6. Wright v. Willamette Industries, Inc.

    91 F.3d 1105 (8th Cir. 1996)   Cited 178 times   4 Legal Analyses
    Holding opinion of proposed expert, that complaints of residents near manufacturing plant were more probably than not related to their exposure to formaldehyde from plant, was not based on any knowledge about what amounts of wood fibers impregnated with formaldehyde involve appreciable risk of harm to human beings who breathe them, and so district court should have excluded expert's testimony

  7. Cavallo v. Star Enterprise

    100 F.3d 1150 (4th Cir. 1996)   Cited 175 times
    Affirming a district court's decision to exclude expert testimony and grant summary judgment

  8. Marsh v. Smyth

    12 A.D.3d 307 (N.Y. App. Div. 2004)   Cited 97 times
    In Marsh (supra) the court reasoned that "in circumstances such as these, the question of whether the challenged testimony is admissible should not involve weighing the number of experts that concur in the expert's opinion against the number that do not, or independently deciding on the soundness of the competing experts' views.

  9. Cavallo v. Star Enterprise

    892 F. Supp. 756 (E.D. Va. 1995)   Cited 91 times
    Finding methodology of studies on toxic effects of chemicals sound but misapplied to the case at hand

  10. Nonnon v. City of N.Y

    32 A.D.3d 91 (N.Y. App. Div. 2006)   Cited 62 times

    6099. June 6, 2006. APPEAL from an order of the Supreme Court, Bronx County (Alexander W Hunter, Jr., J.), entered October 16, 2003. The order denied defendant City of New York's motion to dismiss on the merits all of the complaints in actions for personal injuries and wrongful death allegedly caused by exposure to toxic substances in a landfill and to dismiss certain of the claims as time-barred. Nonnon v City of New York, 1 Misc 3d 897, modified. Michael A. Cardozo, Corporation Counsel, New York