14 Cited authorities

  1. Pommells v. Perez

    4 N.Y.3d 566 (N.Y. 2005)   Cited 1,782 times
    Holding that a plaintiff's claim survived summary judgment when her doctor stated that she had suffered severe and permanent injuries and that opinion was supported by measurements of loss of range of motion and an MRI revealing herniated discs
  2. Derdiarian v. Felix Contr Co.

    51 N.Y.2d 308 (N.Y. 1980)   Cited 1,742 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"
  3. Parker v. Mobil Oil Corporation

    7 N.Y.3d 434 (N.Y. 2006)   Cited 319 times   16 Legal Analyses
    Holding that it is not always necessary for a plaintiff to quantify exposure levels precisely . . . , provided that whatever methods an expert uses to establish causation are generally accepted in the scientific community"
  4. People v. Wesley

    83 N.Y.2d 417 (N.Y. 1994)   Cited 415 times   1 Legal Analyses
    Concluding that "[d]efendant's challenges to the population studies relied on by Lifecodes to estimate the probability of a coincidental match go not to admissibility, but to the weight of the evidence, which should be left to the trier of fact."
  5. Sweet v. Sheahan

    235 F.3d 80 (2d Cir. 2000)   Cited 298 times   1 Legal Analyses
    Finding rules were legislative where they were promulgated pursuant to explicit delegation of authority, refined and modified statutory guidelines, and agencies understood Congressional intent that they engage in legislative rulemaking
  6. Juarez v. Wavecrest Mgt. Team

    88 N.Y.2d 628 (N.Y. 1996)   Cited 309 times
    Holding that when a landlord has notice that a child under age six is living in an apartment built before 1960 with peeling paint, the landlord has constructive notice of a hazardous lead-based paint condition
  7. Gayle v. City of New York

    92 N.Y.2d 936 (N.Y. 1998)   Cited 179 times
    Finding large puddle on roadway sufficient circumstantial evidence that defendant's negligence in maintaining drainage system caused plaintiff's injuries, where plaintiff alleged that he skidded on wet roadway and collided with truck, resulting in loss of memory about the accident
  8. Robinson v. Bartlett

    95 A.D.3d 1531 (N.Y. App. Div. 2012)   Cited 20 times

    2012-05-17 Milan ROBINSON, an Infant, by Vonda CHAPMAN, his Parent and Guardian, Appellant, v. Michael BARTLETT et al., Respondents. Athari & Associates, L.L.C., Utica (Mo Athari of counsel), for appellant. Flink Smith, L.L.C., Albany (Edward B. Flink of counsel), for respondents. KAVANAGH Athari & Associates, L.L.C., Utica (Mo Athari of counsel), for appellant. Flink Smith, L.L.C., Albany (Edward B. Flink of counsel), for respondents. Before: PETERS, P.J., ROSE, LAHTINEN, MALONE, JR. and KAVANAGH

  9. Walton v. Albany Community Dev. Agency

    279 A.D.2d 93 (N.Y. App. Div. 2001)   Cited 31 times

    January 11, 2001. Appeals (1) from an order of the Supreme Court (Teresi, J.), entered January 13, 2000 in Albany County, which granted defendants' motions for summary judgment dismissing the complaint, and (2) from an order of said court, entered February 28, 2000 in Albany County, which denied plaintiffs' motion for reconsideration. O'Connell Aronowitz, Albany (Mo Athari of counsel), for appellants. Thuillez, Ford, Gold Johnson, Albany (Donald P. Ford Jr. of counsel), for Peter J. Farrell, respondent

  10. Giles v. Yi

    105 A.D.3d 1313 (N.Y. App. Div. 2013)   Cited 9 times
    Dismissing complaint because, among other reasons, the injuries alleged "could have been caused by some source other than lead"
  11. Section 4851 - Findings

    42 U.S.C. § 4851   Cited 87 times
    Defining "lead based paint hazard" as "any condition that causes exposure to lead from lead-contaminated dust, lead-contaminated soil, lead-contaminated paint that is deteriorated or present in accessible surfaces, friction surfaces, or impact surfaces that would result in adverse human health effects. . . ."