21 Cited authorities

Alvarez v. Prospect Hosp
68 N.Y.2d 320 (N.Y. 1986) Cited 21,160 times 8 Legal Analyses
Finding summary judgment appropriate by relying on a treating doctor's unrebutted deposition testimony
Vega v. Restani Constr. Corp.
2012 N.Y. Slip Op. 1148 (N.Y. 2012) Cited 2,797 times 1 Legal Analyses
Affirming denial of summary judgment
Sillman v. Twentieth Century-Fox
3 N.Y.2d 395 (N.Y. 1957) Cited 5,987 times 2 Legal Analyses
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of the existence of any assignment, it shall have the right to withhold payments until the assignment is cancelled or withdrawn"
Basso v. Miller
40 N.Y.2d 233 (N.Y. 1976) Cited 1,942 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
Sanchez v. State of New York
99 N.Y.2d 247 (N.Y. 2002) Cited 482 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"
Rivera v. N Y City Tr. Auth
77 N.Y.2d 322 (N.Y. 1991) Cited 369 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"
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
Hoover v. New Holland N. Am., Inc.
2014 N.Y. Slip Op. 2215 (N.Y. 2014) Cited 139 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
Kellman v. 45 Tiemann Associates, Inc.
87 N.Y.2d 871 (N.Y. 1995) Cited 181 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.
Kriz v. Schum
75 N.Y.2d 25 (N.Y. 1989) Cited 192 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"

Shiby Abraham,, Appellant,v.Chelsea Piers Management, Inc. Respondent.

21 Cited authorities

Finding summary judgment appropriate by relying on a treating doctor's unrebutted deposition testimony

Affirming denial of summary judgment

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

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"

Finding plaintiff established prima facie case through evidence that it was more likely that hospital worker rather than plaintiff lowered guardrails on hospital bed

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.

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"