§Why CasetextPricing

Ainsworth M. Bennett,, Appellant,v.St. John's Home et al., Respondents.

Brief

40 Cited authorities

  1. Brill v. City of New York

    2 N.Y.3d 648 (N.Y. 2004)   Cited 1,649 times
    Holding that the movant must provide courts with a satisfactory explanation for missing CPLR 3212 deadlines

  2. Miceli v. State Farm Mut. Auto. Ins. Co.

    3 N.Y.3d 725 (N.Y. 2004)   Cited 414 times
    In Miceli (3 NY3d 725), where the moving party's attorney failed to file a summary judgment motion within 120 days of the filing of a note of issue and did not demonstrate good cause for the delay, Supreme Court erred in granting summary judgment to the movant (see also Brill, 2 NY3d 648 [same; clarifying that good cause means a reasonable excuse for the delay in making the motion]).

  3. Nassau Trust Co v. Montrose

    56 N.Y.2d 175 (N.Y. 1982)   Cited 634 times   1 Legal Analyses
    Holding that the Appellate Division erred in not distinguishing between waiver and modification

  4. Gonzalez v. 98 Mag Leasing Corp.

    95 N.Y.2d 124 (N.Y. 2000)   Cited 306 times
    In Gonzalez, at 128-129, the Court of Appeals, in analyzing the language of CPLR Rule 3212 (a), instructed that "[a] trial court thus has discretion in determining whether to consider a motion for summary judgment made more than 120 days after the filing of a note of issue."

  5. Trump Village Section 3, Inc. v. New York State Housing Finance Agency

    307 A.D.2d 891 (N.Y. App. Div. 2003)   Cited 172 times
    Dismissing indemnity claim by codefendants who failed to establish that the plaintiff sought to hold them vicariously liable for duties owed by another party, "because [the other party's] duties to the plaintiff were completely independent of the duties owed by the codefendants"

  6. Mitchell v. New York Hosp

    61 N.Y.2d 208 (N.Y. 1984)   Cited 187 times
    In Mitchell, the parties stipulated on the record that "[a]n application will be made to the Court to settle the third-party action so that New York Hospital may try its case for either indemnification or apportionment as against each of the named third-party defendants," and that "[i]tis specifically agreed and understood by all of the Third-party Defendants here that no one waives any rights to contributions [sic] or indemnification by entering into this settlement."

  7. Zeides v. Hebrew Home for Aged At Riverdale, Inc.

    300 A.D.2d 178 (N.Y. App. Div. 2002)   Cited 86 times   1 Legal Analyses
    Holding that the statute of limitations differed for claims asserted under both Public Health Law 2801 (d) and for ordinary negligence despite the fact that they derived from the same facts.

  8. Hadden v. Consolidated Edison Co.

    45 N.Y.2d 466 (N.Y. 1978)   Cited 162 times
    Holding that a waiver may be made by "[an] express agreement or by such conduct or failure to act as to evince an intent not to claim the purported advantage"

  9. Gold v. Park Ave. Extended Care Ctr. Corp.

    90 A.D.3d 833 (N.Y. App. Div. 2011)   Cited 48 times   1 Legal Analyses
    Affirming trial court's granting of summary judgment in favor of hospital and holding hospital was not grossly negligent where evidence showed absence of any conduct that could be viewed as so reckless or wantonly negligent as to be the equivalent of a conscious disregard for the rights of others

  10. Golfo v. Kycia

    45 A.D.3d 531 (N.Y. App. Div. 2007)   Cited 54 times

    No. 2006-07158. November 7, 2007. In an action, inter alia, for specific performance of contracts for the sale of real property, the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Suffolk County (Pines, J.), dated June 29, 2006, as denied their motion for summary judgment on the first cause of action and granted those branches of the defendants' cross motion which were for summary judgment dismissing the complaint and for cancellation of a notice of pendency

  11. Section R3212 - Motion for summary judgment

    N.Y. C.P.L.R. § 3212   Cited 34,495 times
    Providing for motions for summary judgment

  12. Section 2801-D - Private actions by patients of residential health care facilities

    N.Y. Pub. Health Law § 2801-D   Cited 321 times   2 Legal Analyses
    SeeFleming v. Barnwell Nursing Home & Health Facilities, 309 A.D.2d 1132, 766 N.Y.S.2d 241 ; Passucci v. Absolut Ctr. for Nursing & Rehabilitation at Allegany, LLC, 2014 N.Y. Slip Op. 33459[U], 2014 WL 7912858 ; see generallyCity of New York v. Maul, 14 N.Y.3d at 514, 903 N.Y.S.2d 304, 929 N.E.2d 366

  13. Section 500.11 - Alternative procedure for selected appeals

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.11   Cited 541 times

    (a) On its own motion, the court may review selected appeals by an alternative procedure. Such appeals shall be determined on the intermediate appellate court record or appendix and briefs, the writings in the courts below and additional letter submissions on the merits. The clerk of the court shall notify all parties by letter when an appeal has been selected for review pursuant to this section. Appellant may request such review in its preliminary appeal statement. Respondent may request such review

  14. Section 483.20 - Resident assessment

    42 C.F.R. § 483.20   Cited 58 times   20 Legal Analyses

    The facility must conduct initially and periodically a comprehensive, accurate, standardized, reproducible assessment of each resident's functional capacity. (a)Admission orders. At the time each resident is admitted, the facility must have physician orders for the resident's immediate care. (b)Comprehensive assessments - (1)Resident assessment instrument. A facility must make a comprehensive assessment of a resident's needs, strengths, goals, life history and preferences, using the resident assessment

  15. Section 415.3 - Residents' rights

    N.Y. Comp. Codes R. & Regs. tit. 10 § 415.3   Cited 37 times

    (a) The facility shall ensure that all residents are afforded their rights to a dignified existence, self - determination, respect, full recognition of their individuality, consideration and privacy in treatment and care for personal needs, and communication with an d access to persons and services inside and outside the facility. The facility shall protect and promote the rights of each resident, and s hall encourage and assist each resident in the fullest extent possible exercise of these rights

  16. Section 415.11 - Resident assessment and care planning

    N.Y. Comp. Codes R. & Regs. tit. 10 § 415.11   Cited 10 times   1 Legal Analyses

    Upon admission and periodically thereafter the facility shall conduct a comprehensive, accurate, standardized, reproducible assessment of each resident's functional capacity. Based on the results of these assessments, the facility shall develop and keep current an individualized comprehensive plan of care to meet each resident's needs. (a) Comprehensive assessments. (1) The facility shall conduct a comprehensive assessment of each resident's needs, which describes the resident's capability to perform

  17. Section 413.3 - Appeal process

    N.Y. Comp. Codes R. & Regs. tit. 10 § 413.3   Cited 1 times

    (a) The facility may appeal the accuracy of the RHCF survey profile summary to the commissioner within 20 days after receipt of such information. An appeal of the accuracy of the RHCF survey profile summary shall be limited to whether such summary accurately reflects the findings set forth in the statement of deficiencies. (b) The department, in response to an appeal by the facility, shall: (1) acknowledge the appeal; (2) review the appeal and any documentation submitted by the facility; (3) notify