23 Cited authorities

  1. Alvarez v. Prospect Hosp

    68 N.Y.2d 320 (N.Y. 1986)   Cited 16,363 times   1 Legal Analyses
    Finding summary judgment appropriate by relying on a treating doctor's unrebutted deposition testimony
  2. Winegrad v. N.Y. Univ. Medical Center

    64 N.Y.2d 851 (N.Y. 1985)   Cited 13,114 times   1 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
  3. Friends of Animals, Inc. v. Associated Fur Mfrs., Inc.

    46 N.Y.2d 1065 (N.Y. 1979)   Cited 3,015 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. Derdiarian v. Felix Contr Co.

    51 N.Y.2d 308 (N.Y. 1980)   Cited 1,723 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"
  5. Diaz v. New York Downtown Hospital

    99 N.Y.2d 542 (N.Y. 2002)   Cited 409 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"
  6. 532 Madison Ave. Gourmet Foods v. Finlandia Ctr.

    96 N.Y.2d 280 (N.Y. 2001)   Cited 271 times
    Noting with approval the Appellate Division's decision in Dunlop Tire & Rubber Corp. v. FMC Corp., 53 A.D.2d 150, 151-52, 385 N.Y.S.2d 971, 972 (4th Dep't 1976), which allowed the plaintiff to recover not only for physical damage to its property caused by a nearby explosion, but also for the economic loss from being forced temporarily to close because the explosion caused the loss of electrical power
  7. Eiseman v. State of New York

    70 N.Y.2d 175 (N.Y. 1987)   Cited 317 times
    Holding that liability for negligent misrepresentation requires injury or damage to plaintiff
  8. Pullman v. Silverman

    2016 N.Y. Slip Op. 7107 (N.Y. 2016)   Cited 86 times

    11-01-2016 David PULLMAN, Appellant, v. David A. SILVERMAN, M.D., et al., Respondents. Pollack, Pollack, Isaac & DeCicco, LLP, New York City (Brian J. Isaac and Michael H. Zhu of counsel), and Napoli Bern Ripka Shkolnik LLP, for appellant. Aaronson Rappaport Feinstein & Deutsch, LLP, New York City (Elliott J. Zucker of counsel), for Respondents. Pollack, Pollack, Isaac & DeCicco, LLP, New York City (Brian J. Isaac and Michael H. Zhu of counsel), and Napoli Bern Ripka Shkolnik LLP, for appellant.

  9. Abalola v. Flower Hospital

    44 A.D.3d 522 (N.Y. App. Div. 2007)   Cited 100 times

    No. 1795. October 23, 2007. Order, Supreme Court, New York County (Alice Schlesinger, J.), entered November 17, 2006, which denied defendant's motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment in defendant's favor dismissing the complaint. Ptashnik Associates, New York (Neil B. Ptashnik of counsel), for appellant. Pollack, Pollack, Isaac DeCicco, New York (Brian J. Isaac of counsel)

  10. Kavanaugh v. Nussbaum

    71 N.Y.2d 535 (N.Y. 1988)   Cited 136 times
    Noting that "[v]icarious liability applies to hospitals and physicians" and finding hospital vicariously liable for negligence of its employee physician
  11. 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