§Why CasetextPricing

Joseph Bennett,, Appellant, et al., Plaintiff,v.Michael Hucke, et al., Defendants, Alan Kirk, et al., Respondents.

Brief

8 Cited authorities

  1. Ferrante v. Am. Lung Assn

    90 N.Y.2d 623 (N.Y. 1997)   Cited 939 times
    Holding that "[i]t is not the court's function on a motion for summary judgment to assess credibility"

  2. Martin v. City of Cohoes

    37 N.Y.2d 162 (N.Y. 1975)   Cited 558 times
    Stating that in the absence of strong countervailing public policy, parties may consent to the law that is to be applied to the case

  3. Guanopatin v. Flushing Acquisition Holdings, LLC

    127 A.D.3d 812 (N.Y. App. Div. 2015)   Cited 33 times
    In Guanopatin, plaintiff moved for summary judgment pursuant to Labor Law § 240(1) and defendant opposed the same, arguing that plaintiffs own actions, i.e., failing to obey specific instructions by his foreman, were the sole proximate cause of his injuries.

  4. 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.

  5. Kosovrasti v. Epic (217) LLC

    96 A.D.3d 695 (N.Y. App. Div. 2012)   Cited 28 times

    2012-06-28 Patriot KOSOVRASTI, Plaintiff–Respondent, v. EPIC (217) LLC, Defendant, Tribbles, Ltd., Defendant–Respondent, Compound Contracting Inc., Defendant–Appellant. Armienti, DeBellis, Guglielmo & Rhoden, LLP, New York (Vanessa M. Corchia of counsel), for appellant. Pollack, Pollack, Isaac & DeCicco, New York (Jillian Rosen of counsel), for Patriot Kosovrasti, respondent. MAZZARELLI Armienti, DeBellis, Guglielmo & Rhoden, LLP, New York (Vanessa M. Corchia of counsel), for appellant. Pollack,

  6. Zellner v. Tarnell

    54 A.D.3d 329 (N.Y. App. Div. 2008)   Cited 13 times

    No. 2007-11063. August 5, 2008. In an action, inter alia, to recover damages for breach of contract for the sale of real property, the defendants appeal from an order of the Supreme Court, Westchester County (Loehr, J.), dated November 15, 2007, which granted the plaintiffs' motion, in effect, for summary judgment awarding them the down payment as liquidated damages under the contract. Before: Spolzino, J.P., Fisher, Carni and Dickerson, JJ. Ordered that the order is reversed, on the law, with costs

  7. Hamilton v. City of New York

    06 Civ. 15405 (DC) (S.D.N.Y. Sep. 18, 2009)   Cited 1 times

    06 Civ. 15405 (DC). September 18, 2009 BARRY D. HABERMAN, ESQ., New City, New York, Attorney for Plaintiffs. MICHAEL A. CARDOZO, ESQ., Corporation Counsel of the City of New York, By: Christopher A. Seacord, Esq., Assistant Corporation Counsel, New York, New York. OPINION DENNY CHIN, District Judge Plaintiffs are four current and former employees of the New York City Police Department ("NYPD") Crime Laboratory (the "Crime Lab") who claim they were discriminated against based on their race and national

  8. Johnson v. Tschiember

    7 A.D.2d 1029 (N.Y. App. Div. 1959)   Cited 6 times

    March 30, 1959 In a consolidated action to recover damages for wrongful death, the appeal is from so much of a judgment entered on a jury verdict as is in favor of respondent Johnson for $50,000 and as is in favor of respondent Tschiember for $125,000. Judgment insofar as appealed from reversed and a new trial granted, with costs to abide the event. At about 5:30 A.M. on Sunday, May 23, 1954 the intestate Tschiember was operating an automobile in which the intestate Johnson was a passenger and which