§Why CasetextPricing

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

Brief

42 Cited authorities

  1. Derdiarian v. Felix Contr Co.

    51 N.Y.2d 308 (N.Y. 1980)   Cited 1,881 times
    Holding that the negligence of a driver did not negate a contractor's failure to safeguard an excavation site, and that "[b]ecause questions concerning what is foreseeable and what is normal may be the subject of varying inferences, as is the question of negligence itself, these issues generally are for the fact finder to resolve"

  2. 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

  3. Diaz v. New York Downtown Hospital

    99 N.Y.2d 542 (N.Y. 2002)   Cited 600 times
    Granting summary judgment to plaintiff, noting that plaintiff's expert failed "to provide any factual basis for her conclusion that the guidelines establish or are reflective of a generally-accepted standard or practice"

  4. Nallan v. Helmsley-Spear Inc.

    50 N.Y.2d 507 (N.Y. 1980)   Cited 851 times
    Holding that a commercial landlord has a duty to take reasonable precautionary measures to minimize the risk of foreseeable criminal activity and to make the premises safe for the visiting public

  5. Romano v. Stanley

    90 N.Y.2d 444 (N.Y. 1997)   Cited 339 times
    Describing the types of evidence admissible to demonstrate "intoxication" for dram shop liability

  6. 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"

  7. Maheshwari v. City of New York

    2 N.Y.3d 288 (N.Y. 2004)   Cited 232 times
    Affirming grant of summary judgment to defendant-city dismissing the complaint of plaintiff, who was the victim of an unprovoked assault during a concert in a city park, and noting that defendant took reasonable measures to control the crowds and that the random criminal act was not a predicable result of the gathering of a large group of people

  8. Schneider v. Kings Highway Hospital Center

    67 N.Y.2d 743 (N.Y. 1986)   Cited 352 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

  9. Zalot v. Zieba

    81 A.D.3d 935 (N.Y. App. Div. 2011)   Cited 158 times

    No. 2009-07781. February 22, 2011. In an action to recover damages for wrongful death, etc., the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Queens County (Hart, J.), entered July 27, 2009, as granted that branch of the defendants' motion, joined in by the third-party defendant Craftman Construction, Inc., which was for summary judgment dismissing the complaint. The Perecman Firm, PLLC, New York, N.Y. (David H. Perecman and Peter D. Rigelhaupt of counsel)

  10. 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

  11. Section 1192 - Operating a motor vehicle while under the influence of alcohol or drugs

    N.Y. Veh. & Traf. Law § 1192   Cited 2,579 times
    Driving while impaired by drugs

  12. Section 500.11 - Alternative procedure for selected appeals

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.11   Cited 539 times

    (a) On its own motion, the court may review selected appeals by an alternative procedure. Such appeals shall be determined on the intermediate appellate court record or appendix and briefs, the writings in the courts below and additional letter submissions on the merits. The clerk of the court shall notify all parties by letter when an appeal has been selected for review pursuant to this section. Appellant may request such review in its preliminary appeal statement. Respondent may request such review

  13. Section 500.1 - General requirements

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.1   Cited 1 times

    (a) All papers shall comply with applicable statutes and rules, particularly the signing requirement of section 130-1.1 -a of this Title. (b) Papers filed. Papers filed means briefs, papers submitted pursuant to sections 500.10 and 500.11 of this Part, motion papers, records and appendices. (c) Method of reproduction. All papers filed may be reproduced by any method that produces a permanent, legible, black image on white paper. Reproduction on both sides of the paper is encouraged. (d) Designation