27 Cited authorities

  1. Alvarez v. Prospect Hosp

    68 N.Y.2d 320 (N.Y. 1986)   Cited 21,059 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 24,708 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. Gordon v. American Museum of Natural History

    67 N.Y.2d 836 (N.Y. 1986)   Cited 3,211 times
    Holding that the defendant was not on constructive notice because there was no evidence that the defendant or anyone else observed the dangerous condition before the plaintiff's fall
  4. Piacquadio v. Recine Realty Corp.

    84 N.Y.2d 967 (N.Y. 1994)   Cited 507 times
    Granting defendant judgment on negligent maintenance claim; "liability could be predicated only on failure of defendants to remedy the danger . . . after actual or constructive notice of the condition"
  5. Dermatossian v. New York City Transit Authority

    67 N.Y.2d 219 (N.Y. 1986)   Cited 516 times
    Stating that under Section 5106, "insurers are obliged to honor [the claim] promptly or suffer the statutory penalties"
  6. Gover v. Mastic Beach Property Owners Assoc

    57 A.D.3d 729 (N.Y. App. Div. 2008)   Cited 83 times

    No. 2007-10304. December 16, 2008. In an action to recover damages for personal injuries, the plaintiff's appeal from an order of the Supreme Court, Suffolk County (R. Doyle, J.), dated October 2, 2007, which granted the motion of the defendant Mastic Beach Property Owners Association, and the separate motions of the defendant Steven Longo and the defendant Lori Bray, for summary judgment dismissing the complaint. Davis Hersh, Islandia, N.Y. (Cary M. Greenberg of counsel), for appellants. Tromello

  7. Ivancic v. Olmstead

    66 N.Y.2d 349 (N.Y. 1985)   Cited 119 times

    Decided November 26, 1985 Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, Carrol S. Walsh, Jr., J. Robert J. Krzys for appellant. Fred J. Hutchison for respondent. JASEN, J. At issue on this appeal is whether plaintiff, who seeks to recover for injuries sustained when an overhanging limb from a neighbor's maple tree fell and struck him, established a prima facie case of negligence and whether Trial Term erred, as a matter of law, in refusing to submit to

  8. Scoppettone v. ADJ Holding Corp.

    41 A.D.3d 693 (N.Y. App. Div. 2007)   Cited 31 times

    No. 2006-04326. June 19, 2007. In an action to recover damages for personal injuries, etc., the plaintiffs appeal, as limited by their brief, from so much an order of the Supreme Court, Suffolk County (Doyle, J.), dated March 23, 2006, as granted those branches of the defendants' motion which were for summary judgment dismissing the plaintiffs' causes of action based upon common-law negligence. Michael J. Asta, New York, N.Y. (The Spinella Law Group, LLC [Jack T. Spinella] of counsel), for appellants

  9. King v. Sam's E

    81 A.D.3d 1414 (N.Y. App. Div. 2011)   Cited 26 times

    No. CA 10-01935. February 18, 2011. Appeal from an order of the Supreme Court, Niagara County (Richard C. Kloch, Sr., A.J.), entered December 18, 2009 in a personal injury action. The order granted defendant's motion for summary judgment. HOGAN WILLIG, AMHERST (AMANDA L. LOWE OF COUNSEL), FOR PLAINTIFFS-APPELLANTS. BROWN HUTCHINSON, ROCHESTER (KIMBERLY J. CAMPBELL OF COUNSEL), FOR DEFENDANT-RESPONDENT. Present — Centra, J.P., Carni, Lindley, Green and Gorski, JJ. It is hereby ordered that the order

  10. Levinstim v. Parker

    27 A.D.3d 698 (N.Y. App. Div. 2006)   Cited 26 times

    2005-00972. March 28, 2006. In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Westchester County (Tolbert, J.), entered January 6, 2005, which denied her motion for summary judgment dismissing the complaint. Eustace Marquez, White Plains, N.Y. (Heath A. Bender of counsel), for appellant. Michael Fuller Sirignano, Cross River, N.Y., for respondent. Before: Krausman, J.P., Mastro, Fisher and Covello, JJ., concur. Ordered that the order