10 Cited authorities

  1. Schneider v. Kings Highway Hospital Center

    67 N.Y.2d 743 (N.Y. 1986)   Cited 312 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
  2. Noseworthy v. City of New York

    80 N.E.2d 744 (N.Y. 1948)   Cited 450 times
    In Noseworthy, the decedent somehow got down from the platform of defendant's subway station to the tracks and was struck by a train.
  3. Matter of Wood

    418 N.E.2d 365 (N.Y. 1981)   Cited 71 times

    Argued January 14, 1981 Decided February 17, 1981 Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, LAWRENCE E. KAHN, S. Francis Bergan for appellant. Karl H. Schrade and John S. Bartlett, Jr., for Frank H. Purzycki and another, respondents. JASEN, J. The issue presented on this appeal is whether an executor, by introducing evidence of the opening of bank accounts and withdrawals therefrom tending to show that property belonging to the estate of decedent was

  4. Ingersoll v. Liberty Bank of Buffalo

    278 N.Y. 1 (N.Y. 1938)   Cited 214 times
    Reversing dismissal because "the natural and reasonable inference" is that the defective stairway caused the fall rather than a heart attack or dizziness
  5. Brito v. Manhattan Bronx Surface

    188 A.D.2d 253 (N.Y. App. Div. 1992)   Cited 33 times
    In Brito v New York City Transit Auth. (188 AD2d 253 [1st Dept 1992], appeal dismissed 81 NY2d 993 [1993]), the court held that although section 30(a) of New York City's Traffic Rules and Regulations provides in part that vehicular traffic shall yield the right of way to pedestrians who are lawfully within the intersection, unless the pedestrian could prove that he/she was in a crosswalk before a bus started to rum, the pedestrian would not be entitled to the right of way.
  6. Lau v. Margaret E. Pescatore Parking, Inc.

    145 A.D.3d 567 (N.Y. App. Div. 2016)

    12-15-2016 Henry T. LAU, Plaintiff–Appellant, v. MARGARET E. PESCATORE PARKING, INC., et al., Defendants–Respondents. Kenneth J. Gorman, Esq., P.C., New York (Kenneth J. Gorman of counsel), for appellant. Law Offices of James J. Toomey, New York (Eric P. Tosca of counsel), for Margaret E. Pescatore Parking, Inc., respondent. Debra J. Millman, P.C., New York (Norman Landres of counsel), for Tai Ming Development Corp., respondent. Kenneth J. Gorman, Esq., P.C., New York (Kenneth J. Gorman of counsel)

  7. Markel v. Spencer

    171 N.Y.S.2d 770 (N.Y. App. Div. 1958)   Cited 61 times
    Finding defendant Ford Motor Company liable for malfunctioning brake pedal arm that it sold as a component part of a Ford automobile
  8. Markel v. Spencer

    157 N.E.2d 713 (N.Y. 1959)   Cited 47 times

    Argued January 9, 1959 Decided February 26, 1959 Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, FREDERIC T. HENRY, J. Percival D. Oviatt, Jr., for appellant. Sidney K. Schoenwald for respondents. In each action: Judgment affirmed, with costs; no opinion. Concur: Chief Judge CONWAY and Judges DESMOND, DYE, FULD, FROESSEL, VAN VOORHIS and BURKE.

  9. Rosenberg v. Schwartz

    183 N.E. 282 (N.Y. 1932)   Cited 78 times
    In Rosenberg v. Schwartz (260 N.Y. 162, 166) it was said that "An independent general contractor, who is present and sees and realizes that a subcontractor is doing his work in an unlawful and dangerous manner, may be liable for an injury resulting directly to a third person from such unlawful and negligent conduct."
  10. Hempstead Bank v. Reliance Mortgage Corp.

    81 A.D.2d 906 (N.Y. App. Div. 1981)   Cited 7 times
    Disqualifying attorney in action to recover based on promissory note where plaintiffs counsel had specific and personal knowledge of the circumstances surrounding the promissory note in question