95 Cited authorities

  1. Alvarez v. Prospect Hosp

    68 N.Y.2d 320 (N.Y. 1986)   Cited 16,452 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 20,756 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. Winegrad v. N.Y. Univ. Medical Center

    64 N.Y.2d 851 (N.Y. 1985)   Cited 13,228 times   1 Legal Analyses
    Reversing the motion court's order granting the defendants' cross-motion for summary judgment where they failed to demonstrate, with admissible proof, that the claims against them should be dismissed
  4. Pommells v. Perez

    4 N.Y.3d 566 (N.Y. 2005)   Cited 1,767 times
    Holding that a plaintiff's claim survived summary judgment when her doctor stated that she had suffered severe and permanent injuries and that opinion was supported by measurements of loss of range of motion and an MRI revealing herniated discs
  5. Derdiarian v. Felix Contr Co.

    51 N.Y.2d 308 (N.Y. 1980)   Cited 1,727 times
    Holding that the negligence of a driver did not negate a contractor's failure to safeguard an excavation site, and that "[b]ecause questions concerning what is foreseeable and what is normal may be the subject of varying inferences, as is the question of negligence itself, these issues generally are for the fact finder to resolve"
  6. Sokolow, Dunaud v. Lacher

    299 A.D.2d 64 (N.Y. App. Div. 2002)   Cited 276 times
    Holding that trial court's decision should be modified to the extent that it disqualified entire law firm upon a finding the testimony of a partner in that firm was necessary to the clients' case
  7. Rebozo v. Wilen

    41 A.D.3d 457 (N.Y. App. Div. 2007)   Cited 235 times

    No. 2006-03645. June 5, 2007. In an action to recover damages for medical malpractice and lack of informed consent, the defendant David H. Zelefsky appeals from an order of the Supreme Court, Richmond County (Gigante, J.), dated March 7, 2006, which denied his motion for summary judgment dismissing the complaint insofar as asserted against him. Vaslas Lepowsky Hauss Danke, LLP, Staten Island, N.Y. (Karen Hauss of counsel), for appellant. Burger Perrotta (Charles Burger and Marvin Ben-Aron, Staten

  8. Romano v. Stanley

    90 N.Y.2d 444 (N.Y. 1997)   Cited 312 times
    Describing the types of evidence admissible to demonstrate "intoxication" for dram shop liability
  9. Feinberg v. Feit

    23 A.D.3d 517 (N.Y. App. Div. 2005)   Cited 216 times

    2004-06513. November 21, 2005. In an action, inter alia, to recover damages for medical malpractice, etc., the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Nassau County (Bucaria, J.), entered July 6, 2004, as granted the motion of the defendants Sheldon Feit and Metropolitan Diagnostic Imaging, P.C. for summary judgment dismissing the complaint insofar as asserted against them. Fischbein Badillo Wagner Harding (Sullivan, Papain, Block, McGrath Cannavo

  10. Connell v. Hayden

    83 A.D.2d 30 (N.Y. App. Div. 1981)   Cited 314 times   1 Legal Analyses
    Recognizing that "that approach admittedly forms a slight exception to the logic behind the unity of interest rule"
  11. Section 5102 - Definitions

    N.Y. Ins. Law § 5102   Cited 9,317 times
    Requiring that a person is prevented from performing substantially all customary activities "during" the statutory period