18 Cited authorities

  1. Alvarez v. Prospect Hosp

    68 N.Y.2d 320 (N.Y. 1986)   Cited 21,199 times   8 Legal Analyses
    Finding summary judgment appropriate by relying on a treating doctor's unrebutted deposition testimony
  2. Massachusetts v. Environmental Protection Agency

    549 U.S. 497 (2007)   Cited 1,157 times   97 Legal Analyses
    Holding that denials of petitions for rulemaking are judicially reviewable
  3. Zuckerman v. City of N.Y.

    49 N.Y.2d 557 (N.Y. 1980)   Cited 24,805 times   9 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 . . ."
  4. Marx v. Gen. Revenue Corp.

    568 U.S. 371 (2013)   Cited 775 times   3 Legal Analyses
    Holding that court may award costs to prevailing defendants in cases under Fair Debt Collection Practices Act without finding under 15 U.S.C. § 1692k that plaintiff brought case in bad faith and for the purpose of harassment
  5. Friends of Animals, Inc. v. Associated Fur Mfrs., Inc.

    46 N.Y.2d 1065 (N.Y. 1979)   Cited 3,393 times
    Finding summary judgment shall be granted only when there are no issues of material fact and the evidence requires the court to direct judgment in favor of the. movant as a matter of law.
  6. Sillman v. Twentieth Century-Fox

    3 N.Y.2d 395 (N.Y. 1957)   Cited 5,993 times   2 Legal Analyses
    Finding that provision prohibited assignments when the provision stated, in part, that "neither party hereto shall assign this agreement . . . without the prior written consent of the other party," and "that [defendant] shall not be required to recognize any assignments; and that if [defendant] shall receive notice of the existence of any assignment, it shall have the right to withhold payments until the assignment is cancelled or withdrawn"
  7. Department of Housing and Urban Development v. Rucker

    535 U.S. 125 (2002)   Cited 264 times   1 Legal Analyses
    Holding that the doctrine of constitutional avoidance "has no application in the absence of statutory ambiguity"
  8. Riley v. County of Broome

    95 N.Y.2d 455 (N.Y. 2000)   Cited 390 times
    Holding that the legislative history of Vehicle and Traffic Law § 1103 evinces an intent to impose “a minimum standard of care” on operators of vehicles engaged in roadwork
  9. Saarinen v. Kerr

    84 N.Y.2d 494 (N.Y. 1994)   Cited 405 times   3 Legal Analyses
    Holding that a standard of "reckless disregard for the safety of others" required evidence that defendant had engaged in conduct "of an unreasonable character in disregard of a known or obvious risk that was so great as to make it highly probable that harm would follow and ha[d] done so with conscious indifference to the outcome"
  10. Faria v. City of Yonkers

    84 A.D.3d 1306 (N.Y. App. Div. 2011)   Cited 7 times

    No. 2010-03601. May 31, 2011. In an action to recover damages for personal injuries, the defendants City of Yonkers and James O'Connor appeal from an order of the Supreme Court, Westchester County (Bellantoni, J.), entered December 21, 2009, which denied their motion for summary judgment dismissing the complaint insofar as asserted against them. Mark W. Blanchard, Yonkers, N.Y. (Michael Levinson of counsel), for appellants. Scott Baron Associates, P.C., Corporation Counsel, Howard Beach, N.Y. (John

  11. Section 1103 - Public officers and employees to obey title; exceptions

    N.Y. Veh. & Traf. Law § 1103   Cited 159 times

    (a) The provisions of this title applicable to the drivers of vehicles upon the highways shall apply to drivers of all vehicles owned or operated by the United States, this state, or any county, city, town, district, or any other political subdivision of the state, except as provided in this section and subject to such specific exceptions as are set forth in this title with reference to authorized emergency vehicles. (b) Unless specifically made applicable, the provisions of this title, except the