18 Cited authorities

  1. De Long v. County of Erie

    60 N.Y.2d 296 (N.Y. 1983)   Cited 475 times
    Finding that city owed a special duty to victim by creating a 911 system and encouraging people to use it to speed police response
  2. Millison v. E.I. du Pont de Nemours & Co.

    101 N.J. 161 (N.J. 1985)   Cited 209 times   4 Legal Analyses
    Holding pursuit of compensation benefits does not preclude common-law suit and "insurance carrier will be able to offset compensation benefits previously paid to the extent that the civil damage award would serve as a double recovery"
  3. Laidlow v. Hariton

    170 N.J. 602 (N.J. 2002)   Cited 107 times   3 Legal Analyses
    Holding that a company only utilizing a mandated safety device during OSHA inspections and having experienced reported close-calls of injuries similar to the plaintiff's pushed the injury beyond the norms of industrial life
  4. Const. by Singletree v. Lowe

    55 A.D.3d 861 (N.Y. App. Div. 2008)   Cited 65 times   1 Legal Analyses

    No. 2007-02132. October 28, 2008. In an action to foreclose a mechanics' lien, the defendant Sheldon Lowe, trustee under Sheldon Lowe declaration of trust dated January 15, 1999, appeals, as limited by his brief, from so much of an order of the Supreme Court, Suffolk County (R. Doyle, J.), dated December 11, 2006, as granted those branches of the motion of the defendant J.C. Construction Management Corp. which were for summary judgment dismissing so much of his second cross claim as sought to recover

  5. Van Dunk v. Reckson Assocs. Realty Corp.

    210 N.J. 449 (N.J. 2012)   Cited 47 times   1 Legal Analyses
    Holding that summary judgment against the employee was appropriate because the "employer did not commit an intentional wrong causing employee's injuries"
  6. Mull v. Zeta Consumer Products

    176 N.J. 385 (N.J. 2003)   Cited 45 times
    Holding that "genuine issue of material fact as to whether employer's conduct. . . fell within the intentional wrong exception to the exclusive remedy provision of the [WCA], precluded summary judgment" of employee's claims against his employer
  7. Marinelli v. Mitts Merrill

    303 N.J. Super. 61 (N.J. Super. 1997)   Cited 54 times
    Holding that statutory immunity was not pierced although OSHA issued five citations to employer in accident's wake
  8. Tomeo v. Thomas Whitesell Const

    823 A.2d 769 (N.J. 2003)   Cited 35 times
    Holding that summary judgment on employee's intentional harm claim against employer was precluded because employer's conduct "did not constitute an intentional wrong under the exception to the exclusive remedy provision of the Workers' Compensation Act"
  9. Pellechia v. Partner Aviation Entps

    80 A.D.3d 740 (N.Y. App. Div. 2011)   Cited 16 times

    No. 2009-10810. January 25, 2011. In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Farneti, J.), dated September 16, 2009, which granted the defendant's motion for summary judgment dismissing the complaint. Lawrence Perry Biondi (Lisa M. Comeau, Garden City, N.Y. of counsel), for appellant. Alimonti Law Offices, P.C., White Plains, N.Y. (Joy M. Posner and Frederick P. Alimonti of counsel), for respondent. Before: Balkin

  10. Cutsogeorge v. the Hertz Corp.

    264 A.D.2d 752 (N.Y. App. Div. 1999)   Cited 27 times

    Argued May 27, 1999 September 20, 1999 In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Queens County (LaTorella, J.), entered July 2, 1998, which, upon an order of the same court granting the oral applications of the defendants to preclude him from presenting certain medical testimony based on his alleged failure to comply with disclosure requirements, dismissed the complaint. Sandback, Birnbaum Michelen, Mineola, N.Y. (Oscar Michelen

  11. Section 34:15-8 - Election surrender of other remedies

    N.J. Stat. § 34:15-8   Cited 326 times   4 Legal Analyses
    Stating that "[i]f an injury or death is compensable under this article, a person shall not be liable to anyone at common law or otherwise on account of such injury or death for any act or omission occurring while such person was in the same employ as the person injured or killed, except for intentional wrong"
  12. s 600.10 - (Repealed)

    N.Y. Comp. Codes R. & Regs. tit. 22 § 600.10   Cited 9 times

    RESEARCH REFERENCES AND PRACTICE AIDS: 10A C-W2d, Appeals in General §§ 70:155, 70:198, 70:205, 70:211. 22 CRR-NY 600.10 Current through July 31, 2018