§Why CasetextPricing

Luis Carrion, Appellant,v.John Faulkner,, et al., Respondents.

Brief

66 Cited authorities

  1. Gordon v. American Museum of Natural History

    67 N.Y.2d 836 (N.Y. 1986)   Cited 3,225 times
    Holding that the defendant was not on constructive notice because there was no evidence that the defendant or anyone else observed the dangerous condition before the plaintiff's fall

  2. Basso v. Miller

    40 N.Y.2d 233 (N.Y. 1976)   Cited 1,942 times
    Holding that under New York law, a landowner has a duty to maintain his property in a reasonably safe condition considering all of the circumstances including the likelihood and seriousness of the injury, and the burden of avoiding the risk

  3. Maas v. Cornell University

    94 N.Y.2d 87 (N.Y. 1999)   Cited 565 times
    Holding that Cornell's failure to follow its internal policies and procedures did not provide basis for breach of contract claim

  4. Hutchinson v. Sheridan Hill House Corp.

    2015 N.Y. Slip Op. 7578 (N.Y. 2015)   Cited 314 times
    In Hutchinson, the Court of Appeals determined that the defendants in one of the cases at issue, who had moved for summary judgment dismissing the complaint, failed to make a prima facie showing that a defect was trivial where photographs of the defect were "indistinct" and the defendants presented no evidence regarding the measurements of the defect (Hutchinson v. Sheridan Hill House Corp., 26 N.Y.3d at 82–83, 19 N.Y.S.3d 802, 41 N.E.3d 766).

  5. Solomon v. City of New York

    66 N.Y.2d 1026 (N.Y. 1985)   Cited 720 times
    Referring only to proximate causation

  6. Nallan v. Helmsley-Spear Inc.

    50 N.Y.2d 507 (N.Y. 1980)   Cited 851 times
    Holding that a commercial landlord has a duty to take reasonable precautionary measures to minimize the risk of foreseeable criminal activity and to make the premises safe for the visiting public

  7. Derosa v. City of New York

    30 A.D.3d 323 (N.Y. App. Div. 2006)   Cited 322 times
    Holding that the "proof must permit a finding of proximate cause `based not upon speculation, but upon the logical inferences to be drawn from the evidence'"

  8. Alnashmi v. Certified Analytical Group Inc.

    89 A.D.3d 10 (N.Y. App. Div. 2011)   Cited 209 times   1 Legal Analyses
    Noting that a landlord has "minimal duties to the tenant and others on the premises" because "[b]y transferring possession and control of the property to a tenant, the landowner also transfer the responsibility for dangerous conditions, at least [as to] those arising after the transfer, to the tenant"

  9. Mitchell v. New York University

    12 A.D.3d 200 (N.Y. App. Div. 2004)   Cited 158 times

    4559 November 9, 2004. Order, Supreme Court, Bronx County (Douglas McKeon, J.), entered March 24, 2004, which, to the extent appealed from as limited by the briefs, granted so much of defendants' motion for summary judgment dismissing plaintiff's Labor Law § 241 (6) claims against both defendants and his Labor Law § 200 and common-law negligence claims against defendant New York University only, unanimously modified, on the law, to the extent of granting dismissal of the Labor Law § 200 and common-law

  10. Hambsch v. New York City Transit Authority

    63 N.Y.2d 723 (N.Y. 1984)   Cited 274 times   1 Legal Analyses
    In Hambsch, although the Court concluded that expert testimony should not have been admitted at trial without presentation of the underlying X ray, no best evidence rule objection was lodged and the Court's holding cannot be construed as addressing the issue (63 N.Y.2d, at 725).