§Why CasetextPricing

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

Brief

29 Cited authorities

  1. Alvarez v. Prospect Hosp

    68 N.Y.2d 320 (N.Y. 1986)   Cited 21,212 times   8 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 24,815 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 . . ."

  3. 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

  4. Andre v. Pomeroy

    35 N.Y.2d 361 (N.Y. 1974)   Cited 3,177 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

  5. Capelin Assoc. v. Globe Mfg. Corp.

    34 N.Y.2d 338 (N.Y. 1974)   Cited 1,468 times
    Holding that "[o]n a motion for summary judgment the court is not to determine credibility, but whether there exists a factual issue, or if arguably there is a genuine issue of fact"

  6. Kershaw v. Hosp. for Special Surgery

    114 A.D.3d 75 (N.Y. App. Div. 2013)   Cited 354 times
    In Kershaw, defendants argue that the First Department court specifically and unambiguously rebuked the idea of a cross-motion exception to the rule in Brill v City of New York (2 N.Y.3d 648 [2004]).

  7. Piacquadio v. Recine Realty Corp.

    84 N.Y.2d 967 (N.Y. 1994)   Cited 509 times
    Granting defendant judgment on negligent maintenance claim; "liability could be predicated only on failure of defendants to remedy the danger . . . after actual or constructive notice of the condition"

  8. Ehrlich v. Amer. Moninger Greenhouse

    26 N.Y.2d 255 (N.Y. 1970)   Cited 583 times   1 Legal Analyses
    Holding that plaintiff, wife of decedent, could not invoke Dead Man's Statute to exclude defendant's testimony because "plaintiff has brought this action in her individual capacity, and not as a representative of an estate or a survivor of a decedent"

  9. Healey v. Firestone Tire Co.

    87 N.Y.2d 596 (N.Y. 1996)   Cited 114 times   1 Legal Analyses
    Granting summary judgment on product identification grounds where plaintiff's description of a tire rim only narrowed the field of potential manufacturers to seven

  10. Verdon v. Port Auth. of N.Y. & N.J.

    111 A.D.3d 580 (N.Y. App. Div. 2013)   Cited 26 times

    2013-11-26 Bernard VERDON, et al., Plaintiffs–Respondents, v. PORT AUTHORITY OF NEW YORK AND NEW JERSEY, et al., Defendants–Appellants, Bovis Lend Lease, et al., Defendants. The Port Authority of New York and New Jersey, et al., Third–Party Plaintiffs–Respondents, Bovis Lend Lease, et al., Third–Party Plaintiffs, v. U.S. Lumber, Inc., et al., Third–Party Defendants–Appellants. The Port Authority of New York and New Jersey, et al., Second Third–Party Plaintiffs–Respondents, Bovis Lend Lease, et al