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

Brief

38 Cited authorities

  1. Brill v. City of New York

    2 N.Y.3d 648 (N.Y. 2004)   Cited 1,617 times
    Holding that the movant must provide courts with a satisfactory explanation for missing CPLR 3212 deadlines

  2. Derdiarian v. Felix Contr Co.

    51 N.Y.2d 308 (N.Y. 1980)   Cited 1,880 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"

  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. Eiseman v. State of New York

    70 N.Y.2d 175 (N.Y. 1987)   Cited 345 times
    Holding that liability for negligent misrepresentation requires injury or damage to plaintiff

  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. Matter of Union Indem Ins Co.

    89 N.Y.2d 94 (N.Y. 1996)   Cited 137 times   1 Legal Analyses
    Characterizing the duty of utmost good faith as “the core duty accompanying reinsurance contracts”

  7. Kennedy v. McKesson Co.

    58 N.Y.2d 500 (N.Y. 1983)   Cited 201 times
    Holding that "when there is a duty owed by defendant to plaintiff, breach of that duty resulting directly in emotional harm is compensable even though no physical injury occurred"

  8. Broadnax v. Gonzalez

    2 N.Y.3d 148 (N.Y. 2004)   Cited 62 times
    Holding that a husband may bring a claim for "loss of services" where his wife has a cause of action for her injuries

  9. Dana v. Oak Park Marina

    230 A.D.2d 204 (N.Y. App. Div. 1997)   Cited 74 times
    Holding that secret videotaping of patrons and guests in various stages of undress constituted "extreme or outrageous conduct"

  10. Twitchell v. Mackay

    78 A.D.2d 125 (N.Y. App. Div. 1980)   Cited 87 times
    In Twitchell, the plaintiff examinee alleged that the defendant IME physician improperly manipulated his injured knee during the course of the examination (see Twitchell v MacKay, 78 AD2d at 126, 129).

  11. Section 1000.3 - Initial filings; active management of causes; settlement or mediation program

    N.Y. Comp. Codes R. & Regs. tit. 22 § 1000.3   Cited 827 times

    (a) The court does not require the filing of an initial informational statement pursuant to section 1250.3(a) of this Title. (b) The court does not have a settlement or mediation program pursuant to section 1250.3(c) of this Title. N.Y. Comp. Codes R. & Regs. Tit. 22 § 1000.3

  12. Section 1000.4 - Motions

    N.Y. Comp. Codes R. & Regs. tit. 22 § 1000.4   Cited 282 times

    (a)Digital submissions required. In matters not subject to electronic filing, except as otherwise provided, all motion and application papers shall be submitted in digital format through an email address designated by the Court for that purpose, and shall be served on all parties electronically to the extent practicable. Where such papers are submitted in digital format, no hard copy submission is required. Exempt attorneys and exempt litigants, as defined in section 1245.4 of this Title, are exempt

  13. Section 415.3 - Residents' rights

    N.Y. Comp. Codes R. & Regs. tit. 10 § 415.3   Cited 35 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

  14. 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

  15. Section 415.1 - Territorial scope

    N.Y. Comp. Codes R. & Regs. tit. 9 § 415.1

    All rules and regulations contained in this Subchapter shall be effective within the Ninth Park Region only. N.Y. Comp. Codes R. & Regs. Tit. 9 § 415.1