74 Cited authorities

  1. Alvarez v. Prospect Hosp

    68 N.Y.2d 320 (N.Y. 1986)   Cited 21,212 times   8 Legal Analyses
    Finding summary judgment appropriate by relying on a treating doctor's unrebutted deposition testimony
  2. Zuckerman v. City of N.Y.

    49 N.Y.2d 557 (N.Y. 1980)   Cited 24,815 times   9 Legal Analyses
    Granting summary judgment as the city's arguments were considered speculation and this was "patently inadequate to establish the existence of a factual issue requiring a trial . . ."
  3. Winegrad v. N.Y. Univ. Medical Center

    64 N.Y.2d 851 (N.Y. 1985)   Cited 18,113 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
  4. Vega v. Restani Constr. Corp.

    2012 N.Y. Slip Op. 1148 (N.Y. 2012)   Cited 2,808 times   1 Legal Analyses
    Affirming denial of summary judgment
  5. Espinal v. Melville Snow Contractors

    98 N.Y.2d 136 (N.Y. 2002)   Cited 1,918 times   1 Legal Analyses
    Holding that contract requiring snow removal service to plow when snow accumulation reached three inches was "not the type of 'comprehensive and exclusive' property maintenance obligation contemplated" by previous case law
  6. 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"
  7. JMD Holding Corp. v. Congress Financial Corp.

    4 N.Y.3d 373 (N.Y. 2005)   Cited 711 times
    Finding that plaintiff was not entitled to judgment as a matter of law where it failed to present evidence that liquidated damages were grossly disproportionate or that actual damages were capable of precise estimation at the time of the agreement's execution.
  8. 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
  9. William J. Jenack Estate Appraisers & Auctioneers, Inc. v. Rabizadeh

    2013 N.Y. Slip Op. 8373 (N.Y. 2013)   Cited 473 times

    2013-12-17 WILLIAM J. JENACK ESTATE APPRAISERS AND AUCTIONEERS, INC., Appellant, v. Albert RABIZADEH, Respondent. Ostrer & Hoovler, P.C., Chester (Benjamin Ostrer and Cynthia Dolan of counsel), for appellant. Michael S. Winokur, Flushing, for respondent. RIVERA Ostrer & Hoovler, P.C., Chester (Benjamin Ostrer and Cynthia Dolan of counsel), for appellant. Michael S. Winokur, Flushing, for respondent. Cahill Partners LLP, New York City (John R. Cahill and Ronald W. Adelman of counsel), for Sotheby's

  10. 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"
  11. Section 9-103 - No duty to keep premises safe for certain uses; responsibility for acts of such users

    N.Y. Gen. Oblig. Law § 9-103   Cited 217 times

    1. Except as provided in subdivision two, a. an owner, lessee or occupant of premises, whether or not posted as provided in section 11-2111 of the environmental conservation law, owes no duty to keep the premises safe for entry or use by others for hunting, fishing, organized gleaning as defined in section seventy-one-y of the agriculture and markets law, canoeing, boating, trapping, hiking, cross-country skiing, tobogganing, sledding, speleological activities, horseback riding, bicycle riding, hang

  12. Section 600.10 - Format and content of records, appendices and briefs

    N.Y. Comp. Codes R. & Regs. tit. 22 § 600.10   Cited 11 times

    (a) Form and size. (1) Generally; paper and page size. Records, appendices and briefs shall be reproduced by any method that produces a permanent, legible, black on white copy and shall be on a good grade of white, opaque, unglazed recycled paper that satisfies the requirements of subdivision (e) of this section. Paper shall measure vertically 11 inches on the bound edge and horizontally 81/2 inches. The clerk may refuse to accept for filing a paper which is not legible or otherwise does not comply