21 Cited authorities

  1. Alvarez v. Prospect Hosp

    68 N.Y.2d 320 (N.Y. 1986)   Cited 16,744 times   1 Legal Analyses
    Finding summary judgment appropriate by relying on a treating doctor's unrebutted deposition testimony
  2. Vega v. Restani Constr. Corp.

    2012 N.Y. Slip Op. 1148 (N.Y. 2012)   Cited 1,742 times   1 Legal Analyses
    Affirming denial of summary judgment
  3. Sillman v. Twentieth Century-Fox

    3 N.Y.2d 395 (N.Y. 1957)   Cited 4,978 times
    Finding that provision prohibited assignments when the provision stated, in part, that "neither party hereto shall assign this agreement . . . without the prior written consent of the other party," and "that [defendant] shall not be required to recognize any assignments; and that if [defendant] shall receive notice of the existence of any assignment, it shall have the right to withhold payments until the assignment is cancelled or withdrawn"
  4. Basso v. Miller

    40 N.Y.2d 233 (N.Y. 1976)   Cited 1,720 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. Sanchez v. State of New York

    99 N.Y.2d 247 (N.Y. 2002)   Cited 428 times
    Holding that State may be on constructive notice "from its knowledge of risks to a class of inmates based on the institution's expertise or prior experience, or from its own policies and practices designed to address such risks"
  6. Rivera v. N Y City Tr. Auth

    77 N.Y.2d 322 (N.Y. 1991)   Cited 306 times
    Discussing the emergency doctrine and noting that "[t]his doctrine recognizes that when an actor is faced with a sudden and unexpected circumstance which leaves little or no time for thought, deliberation or consideration, or causes the actor to be reasonably so disturbed that the actor must make a speedy decision without weighing alternative courses of conduct, the actor may not be negligent if the actions taken are reasonable and prudent in the emergency context"
  7. Schneider v. Kings Highway Hospital Center

    67 N.Y.2d 743 (N.Y. 1986)   Cited 316 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
  8. Hoover v. New Holland N. Am., Inc.

    2014 N.Y. Slip Op. 2215 (N.Y. 2014)   Cited 106 times
    Noting that "expert evidence raised a question whether failure to replace the [safety] shield [on a post hole digger] alone caused plaintiff's injuries, or whether [this] pointed to a failure on defendants' part in selling and distributing the digger with a defectively designed shield," insofar as the shield was not designed to last the life of the digger
  9. Kriz v. Schum

    75 N.Y.2d 25 (N.Y. 1989)   Cited 176 times
    Holding that "summary judgment is generally appropriate only in those cases where the intervening acts operate upon but do not flow from the original negligence"
  10. Kellman v. 45 Tiemann Associates, Inc.

    87 N.Y.2d 871 (N.Y. 1995)   Cited 121 times
    In Kellman, issues of fact existed barring summary judgment in favor of the owner where a tenant climbed out of her apartment onto a fire escape and sustain injuries by inadvertently misstepping and falling through the stairway opening in the fire escape landing.