§Why CasetextPricing

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

Brief

117 Cited authorities

  1. Alvarez v. Prospect Hosp

    68 N.Y.2d 320 (N.Y. 1986)   Cited 21,156 times   8 Legal Analyses
    Finding summary judgment appropriate by relying on a treating doctor's unrebutted deposition testimony

  2. Winegrad v. N.Y. Univ. Medical Center

    64 N.Y.2d 851 (N.Y. 1985)   Cited 18,073 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

  3. Gordon v. American Museum of Natural History

    67 N.Y.2d 836 (N.Y. 1986)   Cited 3,221 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. Basso v. Miller

    40 N.Y.2d 233 (N.Y. 1976)   Cited 1,941 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

  5. Cupo v. Karfunkel

    1 A.D.3d 48 (N.Y. App. Div. 2003)   Cited 531 times
    Holding that open and obvious nature of dangerous condition did not preclude finding of liability against owners

  6. Birnbaum v. New York Racing Assn

    57 A.D.3d 598 (N.Y. App. Div. 2008)   Cited 329 times
    Reversing grant of summary judgment in a slip-and-fall action to defendant whose manager "merely referred to the subject of the racetrack's general daily cleaning practices" and "tendered no evidence regarding any particularized or specific inspection or stair-cleaning procedure in the area of the plaintiff's fall on the date of the accident"

  7. Negri v. Stop and Shop, Inc.

    65 N.Y.2d 625 (N.Y. 1985)   Cited 678 times
    Holding that circumstantial evidence that broken jars of baby food were on the floor for fifteen to twenty minutes tended to show that supermarket had constructive notice of the dangerous condition

  8. Olan v. Farrell Lines Inc.

    64 N.Y.2d 1092 (N.Y. 1985)   Cited 606 times
    Holding that the lack of an affidavit or merit did not defeat defendant's right to summary judgment

  9. Guzman v. Haven Plaza Housing Development Fund Co.

    69 N.Y.2d 559 (N.Y. 1987)   Cited 398 times
    Finding that the building owner did not have an implied right to indemnification from its tenant, who was obligated under the lease to maintain the steps on which the plaintiff was injured, where the lease did not totally divest the owner of control over and responsibility for maintenance and repair of the premises

  10. Schneider v. Kings Highway Hospital Center

    67 N.Y.2d 743 (N.Y. 1986)   Cited 351 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