§Why CasetextPricing

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

Brief

49 Cited authorities

  1. Zuckerman v. City of N.Y.

    49 N.Y.2d 557 (N.Y. 1980)   Cited 24,783 times   9 Legal Analyses
    Granting summary judgment as the city's arguments were considered speculation and this was "patently inadequate to establish the existence of a factual issue requiring a trial . . ."

  2. 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

  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. Muschany v. United States

    324 U.S. 49 (1945)   Cited 308 times
    In Muschany, the Supreme Court based the public policy exception on "definite indications in the law of the sovereignty," 324 U.S. at 66, 65 S.Ct. at 451 — not just on "definite laws," as Schott's Union argues.

  5. Mitchell v. New York Hosp

    61 N.Y.2d 208 (N.Y. 1984)   Cited 185 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."

  6. 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"

  7. Toth v. Community Hospital

    22 N.Y.2d 255 (N.Y. 1968)   Cited 216 times
    Holding specialists accountable to a higher standard than general practitioners

  8. Krupski v. Town Bd.

    54 A.D.3d 899 (N.Y. App. Div. 2008)   Cited 66 times
    In John P. Krupski & Bros., Inc., similar to the instant matter, plaintiffs received notice of the hearing, and both attended and participated in the proceeding.

  9. Greenpoint Props. v. Jeffrey Carter

    82 A.D.3d 1157 (N.Y. App. Div. 2011)   Cited 59 times

    No. 2010-04899. March 29, 2011. In an action to recover a real estate brokerage commission, the plaintiff appeals from an order of the Supreme Court, Kings County (Schneier, J.), dated April 9, 2010, which, in effect, granted that branch of the defendant's motion which was for leave to serve and file a late motion for summary judgment, and thereupon granted that branch of the defendant's motion which was for summary judgment dismissing the complaint. Leo P. Davis, P.C., East Moriches, N.Y., for appellant

  10. Perini Corp. v. City of New York

    16 A.D.3d 37 (N.Y. App. Div. 2005)   Cited 58 times

    4878. February 3, 2005. Appeal from an order of the Supreme Court, New York County (Michael D. Stallman, J.), entered September 16, 2003. The order granted defendant's motion for summary judgment dismissing the complaint. Law Offices of Melvin J. Kalish, Mineola ( Melvin J. Kalish and William A. Jaskola of counsel), for appellant. Michael A. Cardozo, Corporation Counsel, New York City ( Elizabeth S. Natrella, Pamela Seider Dolgow and Robina M. Gumbs of counsel), for respondent. Before: BUCKLEY, P

  11. Section 500.11 - Alternative procedure for selected appeals

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.11   Cited 536 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

  12. Section 483.10 - Resident rights

    42 C.F.R. § 483.10   Cited 101 times   28 Legal Analyses
    Providing visitation for nursing home residents

  13. Section 483.15 - Admission, transfer, and discharge rights

    42 C.F.R. § 483.15   Cited 70 times   6 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

  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 415.15 - Medical services

    N.Y. Comp. Codes R. & Regs. tit. 10 § 415.15   Cited 9 times

    The nursing home shall develop and implement medical services to meet the needs of its residents. (a) Medical director. The facility shall designate a full-time or part-time physician to serve as medical director. The medical director shall be responsible for: (1) implementation of resident medical care policies; (2) the coordination of physician services and medical care in the facility; (3) coordinating the review, prior to granting or renewing professional privileges or association, of any physician

  16. Section 415.5 - Quality of life

    N.Y. Comp. Codes R. & Regs. tit. 10 § 415.5   Cited 6 times

    The facility shall care for its residents in a manner and in an environment that promotes maintenance or enhancement of each resident's quality of life. (a) Dignity. The facility shall promote care for residents in a manner and in an environment that maintains or enhances each resident's dignity and respect in full recognition of his or her individuality. (b) Self-determination and participation. The resident shall have the right to: (1) choose activities, schedules, and health care consistent with