§Why CasetextPricing

Henry T. Lau, Appellant,v.Margaret E. Pescatore Parking, Inc. et al., Respondents.

Brief

70 Cited authorities

  1. Boyce Motor Lines v. United States

    342 U.S. 337 (1952)   Cited 741 times
    Holding that, as to a statute criminalizing the use of certain routes when transporting explosives, "no more than a reasonable degree of certainty [as to the prohibited conduct] can be demanded"

  2. United States v. Perea–Rey

    680 F.3d 1179 (9th Cir. 2012)   Cited 186 times   3 Legal Analyses
    Holding a border patrol agent intruded into an area of curtilage where uninvited visitors would not be expected to appear to stop an individual suspected of entering the country illegally

  3. Hausser v. Giunta

    88 N.Y.2d 449 (N.Y. 1996)   Cited 267 times
    Finding the city, not the abutting property owner, is liable for damages sustained in a curb stop fall unless the property owner caused the defect or state statute specifically imposed such a duty

  4. Schneider v. Kings Highway Hospital Center

    67 N.Y.2d 743 (N.Y. 1986)   Cited 352 times
    Finding plaintiff established prima facie case through evidence that it was more likely that hospital worker rather than plaintiff lowered guardrails on hospital bed

  5. People v. Geraci

    85 N.Y.2d 359 (N.Y. 1995)   Cited 240 times   1 Legal Analyses
    Adopting procedure and burden of proof established by Holtzman

  6. People v. Holmes

    81 N.Y.2d 1056 (N.Y. 1993)   Cited 199 times   1 Legal Analyses
    Holding that police observation of an "unidentified bulge" in defendant's jacket pocket, in a "known narcotics location," taken together with defendant's flight, justified an information request but not police pursuit

  7. Colt v. Great Atlantic & Pacific Tea Co.

    209 A.D.2d 294 (N.Y. App. Div. 1994)   Cited 104 times
    Denying summary judgment where plaintiff slipped and fell on vegetable debris in a supermarket produce lane, and there was evidence that the floor in the produce lane was commonly littered

  8. Rindfleisch v. Gentiva Health Sys., Inc.

    752 F. Supp. 2d 246 (E.D.N.Y. 2010)   Cited 57 times
    Finding that "plaintiffs' choice of forum should be afforded minimal deference here, given that plaintiffs' actions—seeking to try this case in a District in which plaintiffs neither reside nor work—suggest that they may simply be forum shopping" (citing Foster v. Nationwide Mut. Ins. Co., No. 07-cv-4928 (SI), 2007 WL 4410408, at *3 (N.D. Cal. Dec. 14, 2007))

  9. Citizens for Peace in Space v. City of Colorado Springs

    477 F.3d 1212 (10th Cir. 2007)   Cited 63 times
    Recognizing that establishment of security zone for NATO conference was content-neutral because it “drew distinction based on the content of speech” and “implemented a total ban on public expression within the security zone, regardless of the identity of the speaker or the subject of the message”

  10. Noia v. Maselli

    45 A.D.3d 746 (N.Y. App. Div. 2007)   Cited 41 times
    In Noia, the abutting landowner established her prima facie entitlement to judgment as a matter of law by demonstrating that she did not have exclusive access to or the ability to exercise control over the gas valve cover on which the plaintiff allegedly tripped and fell.

  11. Rule 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 28,286 times   26 Legal Analyses
    Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."