42 Cited authorities

  1. Brill v. City of New York

    2 N.Y.3d 648 (N.Y. 2004)   Cited 1,394 times
    Concluding that CPLR §3212 requires a showing of good cause for the delay in making the motion - a satisfactory explanation for the untimeliness - rather than simply permitting meritorious, non-prejudicial filings, however tardy
  2. Nassau Trust Co v. Montrose

    56 N.Y.2d 175 (N.Y. 1982)   Cited 574 times   1 Legal Analyses
    Holding that the Appellate Division erred in not distinguishing between waiver and modification
  3. Miceli v. State Farm Mut. Auto. Ins. Co.

    3 N.Y.3d 725 (N.Y. 2004)   Cited 269 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]).
  4. Gonzalez v. 98 Mag Leasing Corp.

    95 N.Y.2d 124 (N.Y. 2000)   Cited 200 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 156 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 173 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. Hadden v. Consolidated Edison Co.

    45 N.Y.2d 466 (N.Y. 1978)   Cited 152 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"
  8. Zeides v. Hebrew Home for Aged At Riverdale, Inc.

    300 A.D.2d 178 (N.Y. App. Div. 2002)   Cited 58 times
    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.
  9. Golfo v. Kycia

    45 A.D.3d 531 (N.Y. App. Div. 2007)   Cited 47 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

  10. Peck v. Peck

    232 A.D.2d 540 (N.Y. App. Div. 1996)   Cited 46 times

    October 21, 1996. In an action to enforce certain provisions of a separation agreement and a modification agreement, the defendant former husband appeals from an order of the Supreme Court, Westchester County (Gurahian, J.H.O.), dated July 27, 1995, which found, inter alia, after a hearing, that the plaintiff former wife did not waive her right to certain payments due her under the agreements. Before: O'Brien, J. P., Copertino, Santucci and Luciano, JJ. Ordered that the order is affirmed, with costs

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

    N.Y. Pub. Health Law § 2801-D   Cited 185 times   2 Legal Analyses

    1. Any residential health care facility that deprives any patient of said facility of any right or benefit, as hereinafter defined, shall be liable to said patient for injuries suffered as a result of said deprivation, except as hereinafter provided. For purposes of this section a "right or benefit" of a patient of a residential health care facility shall mean any right or benefit created or established for the well-being of the patient by the terms of any contract, by any state statute, code, rule

  12. Section 2803-C - Rights of patients in certain medical facilities

    N.Y. Pub. Health Law § 2803-C   Cited 100 times   1 Legal Analyses

    1. The principles enunciated in subdivision three hereof are declared to be the public policy of the state and a copy of such statement of rights and responsibilities shall be posted conspicuously in a public place in each facility covered hereunder. 2. The commissioner shall require that every nursing home and facility providing health related service, as defined in subdivision two and paragraph (b) of subdivision four of section twenty-eight hundred one of this article, shall adopt and make public

  13. Section 500.11 - Alternative procedure for selected appeals

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.11   Cited 502 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. § 483.20 Resident assessment

    42 C.F.R. § 483.20   Cited 50 times   6 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. § 483.15 Admission, transfer, and discharge rights

    42 C.F.R. § 483.15   Cited 44 times   3 Legal Analyses
    Permitting discharge of a resident for nonpayment only where resident has not submitted paperwork for third-party payment or where Medicaid denies the claim and the resident refuses to pay
  16. Section 415.3 - Residents' rights

    N.Y. Comp. Codes R. & Regs. tit. 10 § 415.3   Cited 26 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

  17. Section 415.11 - Resident assessment and care planning

    N.Y. Comp. Codes R. & Regs. tit. 10 § 415.11   Cited 7 times

    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

  18. 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

  19. 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