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

Brief

15 Cited authorities

  1. Brill v. City of New York

    2 N.Y.3d 648 (N.Y. 2004)   Cited 1,616 times
    Holding that the movant must provide courts with a satisfactory explanation for missing CPLR 3212 deadlines

  2. Kershaw v. Hosp. for Special Surgery

    114 A.D.3d 75 (N.Y. App. Div. 2013)   Cited 350 times
    In Kershaw, defendants argue that the First Department court specifically and unambiguously rebuked the idea of a cross-motion exception to the rule in Brill v City of New York (2 N.Y.3d 648 [2004]).

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

    3 N.Y.3d 725 (N.Y. 2004)   Cited 412 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. Gibbs v. St. Barnabas Hosp

    16 N.Y.3d 74 (N.Y. 2010)   Cited 304 times
    In Gibbs (16 NY3d 74), where plaintiff's counsel violated a conditional preclusion order by failing to supply a bill of particulars and did not establish good cause for the delay and a meritorious claim, we held that the trial court abused its discretion in failing to order preclusion.

  5. Andrea v. Arnone

    2005 N.Y. Slip Op. 7862 (N.Y. 2005)   Cited 165 times   1 Legal Analyses
    Holding that New York's savings statute is tolled only during appeals of right

  6. People v. Knowles

    88 N.Y.2d 763 (N.Y. 1996)   Cited 49 times
    Stating that judges in New York "possess inherent authority" to control the conduct of the trial before them

  7. Coty v. County of Clinton

    42 A.D.3d 612 (N.Y. App. Div. 2007)   Cited 30 times

    No. 501500. July 5, 2007. Appeals (1) from an order of the Supreme Court (Dawson, J.), in Clinton County, which denied defendant's motion for summary judgment dismissing the complaint, and (2) from an order of said court, entered March 29, 2006 in Clinton County, which, upon reconsideration, adhered to its prior decision. Fischer, Bessette, Muldowney Hunter, L.L.P., Malone (Richard F. Hunter of counsel), for appellant. Law Office of Stephen A. Johnston, Plattsburgh (Stephen A. Johnston of counsel)

  8. Burns v. Gonzalez

    307 A.D.2d 863 (N.Y. App. Div. 2003)   Cited 17 times
    Granting summary judgment where none of the possible versions of the collision suggested negligence on the part of the movant

  9. Garrison v. City of N.Y

    300 A.D.2d 14 (N.Y. App. Div. 2002)   Cited 5 times

    2396 December 3, 2002. Order, Supreme Court, Bronx County (Stanley Green, J.), entered September 13, 2001, which, in an action for personal injuries sustained by the infant plaintiff when he fell off his bicycle while riding on a bicycle path owned by defendant City, allegedly because of a hole in the pathway, granted defendant City's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs. Alexander J. Wulwick, for Plaintiff-appellant. Pamela Seider Dolgow, for

  10. Section 483.12 - Freedom from abuse, neglect, and exploitation

    42 C.F.R. § 483.12   Cited 67 times   5 Legal Analyses
    Using substantially similar language

  11. 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

  12. Section 415.1 - Basis and scope

    N.Y. Comp. Codes R. & Regs. tit. 10 § 415.1   Cited 16 times

    (a) Statement of purpose. (1) New York's residential health care facilities are responsible for the health and well-being of more than 100,000 residents ranging from infants with multiple impairments to young adults suffering from the sequelae of traumatic brain injury to the frail elderly with chronic disabilities. For the vast majority of residents, the residential health care facility is their last home. A license to operate a nursing home carries with it a special obligation to the residents

  13. 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

  14. Section 1000.11 - Additional rules relating to criminal appeals

    N.Y. Comp. Codes R. & Regs. tit. 22 § 1000.11   Cited 5 times

    (a)Poor person relief and assigned counsel; continuation of eligibility for assigned counsel on appeal. Relief pursuant to section 1250.11(a)(1) of this Title is contingent upon receipt of a properly filed and served notice of appeal and a copy of the order granting a defendant's application pursuant to C PL 380.55. (b)Application for withdrawal of assigned appellate counsel. When counsel who has been assigned to perfect an appeal on behalf of an indigent defendant determines, after conferring with

  15. Section 400.21 - Advance directives

    N.Y. Comp. Codes R. & Regs. tit. 10 § 400.21   Cited 3 times

    (a)Statement of purpose. The New York State Health Care Proxy Law allows an adult to designate another adult, such as a trusted friend or loved one who knows the person and his/her wishes, to make treatment decisions if the adult becomes incapacitated and is unable to do so. The Health Care Proxy Law guarantees an adult's right to self-determination and the expression of this right through another adult. Advance directives also allow an adult to express his or her preference regarding health care