89 Cited authorities

Alvarez v. Prospect Hosp
68 N.Y.2d 320 (N.Y. 1986) Cited 21,204 times 8 Legal Analyses
Finding summary judgment appropriate by relying on a treating doctor's unrebutted deposition testimony
Zuckerman v. City of N.Y.
49 N.Y.2d 557 (N.Y. 1980) Cited 24,812 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 . . ."
Winegrad v. N.Y. Univ. Medical Center
64 N.Y.2d 851 (N.Y. 1985) Cited 18,105 times 8 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
Vega v. Restani Constr. Corp.
2012 N.Y. Slip Op. 1148 (N.Y. 2012) Cited 2,806 times 1 Legal Analyses
Affirming denial of summary judgment
Espinal v. Melville Snow Contractors
98 N.Y.2d 136 (N.Y. 2002) Cited 1,917 times 1 Legal Analyses
Holding that contract requiring snow removal service to plow when snow accumulation reached three inches was "not the type of 'comprehensive and exclusive' property maintenance obligation contemplated" by previous case law
Andre v. Pomeroy
35 N.Y.2d 361 (N.Y. 1974) Cited 3,176 times
Granting summary judgment to plaintiff in case in which defendant admitted that while driving in heavy traffic she took her eyes off the road to look for something in her purse and drove into the car in front of her
Sillman v. Twentieth Century-Fox
3 N.Y.2d 395 (N.Y. 1957) Cited 5,995 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of the existence of any assignment, it shall have the right to withhold payments until the assignment is cancelled or withdrawn"
Ortiz v. Varsity Holdings, LLC
2011 N.Y. Slip Op. 9161 (N.Y. 2011) Cited 492 times
Denying the plaintiff's cross motion for summary judgment on his § 240 claim where there is any issue of fact as to whether there is an enumerated safety device that could have prevented his fall
Szczerbiak v. Pilat
90 N.Y.2d 553 (N.Y. 1997) Cited 762 times
Finding that the police officer's striking a pedestrian, while glancing down from the road momentarily to turn on his emergency lights, was "a momentary judgment lapse," which did not alone rise to the level of recklessness
Palka v. Servicemaster Mgt.
83 N.Y.2d 579 (N.Y. 1994) Cited 686 times
Holding third party liable where third party's all-inclusive maintenance contract rendered it the only guarantor of "a safe and clean . . . premises."

In the Matter of Eighth Judicial District Asbestos Litigation. Joann H. Suttner,, Respondent,v.A.W. Chesterton Company, et al., Defendants, Crane Co., Appellant.

89 Cited authorities

Finding summary judgment appropriate by relying on a treating doctor's unrebutted deposition testimony

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 . . ."

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

Affirming denial of summary judgment

Holding that contract requiring snow removal service to plow when snow accumulation reached three inches was "not the type of 'comprehensive and exclusive' property maintenance obligation contemplated" by previous case law

Granting summary judgment to plaintiff in case in which defendant admitted that while driving in heavy traffic she took her eyes off the road to look for something in her purse and drove into the car in front of her

Denying the plaintiff's cross motion for summary judgment on his § 240 claim where there is any issue of fact as to whether there is an enumerated safety device that could have prevented his fall

Finding that the police officer's striking a pedestrian, while glancing down from the road momentarily to turn on his emergency lights, was "a momentary judgment lapse," which did not alone rise to the level of recklessness

Holding third party liable where third party's all-inclusive maintenance contract rendered it the only guarantor of "a safe and clean . . . premises."