8 Cited authorities

  1. Alvarez v. Prospect Hosp

    68 N.Y.2d 320 (N.Y. 1986)   Cited 21,162 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 24,785 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. Friends of Animals, Inc. v. Associated Fur Mfrs., Inc.

    46 N.Y.2d 1065 (N.Y. 1979)   Cited 3,389 times
    Finding summary judgment shall be granted only when there are no issues of material fact and the evidence requires the court to direct judgment in favor of the. movant as a matter of law.
  4. 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of the existence of any assignment, it shall have the right to withhold payments until the assignment is cancelled or withdrawn"
  5. Stonehill Capital Mgmt. LLC v. Bank of the W.

    2016 N.Y. Slip Op. 8481 (N.Y. 2016)   Cited 332 times
    Holding that a seller must send a "a forthright, reasonable signal" that "remove any doubt of the parties' intent" to hold an auction that does not function in the normal manner
  6. Suffolk County Deptartment of Social Services v. James M.

    83 N.Y.2d 178 (N.Y. 1994)   Cited 376 times
    In Matter of Suffolk County Dept. of Social Services v. James M., 83 N.Y.2d 178, 182 (1994), the Court of Appeals held that summary judgement is appropriate in Article 10 proceedings.
  7. Burtman v. Brown

    97 A.D.3d 156 (N.Y. App. Div. 2012)   Cited 50 times
    Finding fault in the trial court's imposition of duty of care on initial, primary care defendant doctor for the reasons that she was plaintiff's primary care doctor, saw the plaintiff first, and reviewed a radiology report taken by the specialists defendant referred plaintiff to, when the primary care doctor did not otherwise treat or have reason to be aware of plaintiff's abdominal mass
  8. Daugharty v. Marshall

    60 A.D.3d 1219 (N.Y. App. Div. 2009)   Cited 6 times

    No. 503950. March 19, 2009. Appeal from that part of an order of the Supreme Court (Ceresia, Jr., J.), entered October 5, 2007 in Rensselaer County, which granted a motion by defendants Robert Marshall and Partners in Family Medicine for summary judgment dismissing the complaint against them. Zwiebel Fairbanks, L.L.P., Albany (Jonathan Fairbanks of counsel), for appellant. Thuillez, Ford, Gold, Butler Young, Albany (Debra J. Young of counsel), for respondents. Before: Cardona, P.J., Kane, Kavanagh