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In the Matter of New York City Asbestos Litigation. Mary Andrucki, et al., Appellants,v.Aluminum Company of America, et al., Defendants, Port Authority of New York and New Jersey, Respondent.

Brief

41 Cited authorities

  1. Kolnacki v. State of New York

    2007 N.Y. Slip Op. 2436 (N.Y. 2007)   Cited 554 times
    In Kolnacki v State of New York (8 NY3d 277, 280-281 [2007]), the Court of Appeals said, "Lepkowski made clear that all of the requirements in section 11 (b) are 'substantive conditions upon the State's waiver of sovereign immunity' (1 NY3d at 207).

  2. Parochial v. Board of Educ

    60 N.Y.2d 539 (N.Y. 1983)   Cited 827 times
    Holding that § 3813's notice of claim requirement "is not satisfied by presentment to any other individual or body"

  3. Albany Law Sch. v. New York State Office of Mental Retardation & Developmental Disabilities

    2012 N.Y. Slip Op. 3227 (N.Y. 2012)   Cited 104 times

    No. 65 04-26-2012 In the Matter of Albany Law School et al., Respondents-Appellants, v. New York State Office of Mental Retardation and Developmental Disabilities et al., Appellants-Respondents. Victor Paladino, for appellants-respondents. Jennifer J. Monthie, for respondents-appellants. NYSARC, Inc.; National Disability Rights Network et al., amici curiae. GRAFFEO Victor Paladino, for appellants-respondents. Jennifer J. Monthie, for respondents-appellants. NYSARC, Inc.; National Disability Rights

  4. Caffaro v. Trayna

    35 N.Y.2d 245 (N.Y. 1974)   Cited 100 times   2 Legal Analyses
    In Caffaro, the Court of Appeals held that a complaint in a medical malpractice action could be amended by an executor who had been substituted for the decedent as plaintiff, even after the limitations period had expired, to include a wrongful death cause of action where the alleged cause of death was attributed to the same personal injuries as alleged in the original complaint (Caffaro, 35 N.Y.2d at 250, 360 N.Y.S.2d 847, 319 N.E.2d 174).

  5. Moore v. Melesky

    14 A.D.3d 757 (N.Y. App. Div. 2005)   Cited 35 times

    96070 January 6, 2005. Rose, J. Appeal from an order of the Supreme Court (Canfield, J.), entered September 10, 2003 in Rensselaer County, which granted defendants' motion to dismiss the complaint. Before: Peters, J.P., Mugglin, Lahtinen and Kane, JJ., concur. On May 23, 2002, plaintiff's 12-year-old daughter (hereinafter the child) telephoned the local police and reported that her mother had grabbed her by the neck, slammed her into a counter, threatened to beat her, trashed her room and punctured

  6. DeLeonibus v. Scognamillo

    183 A.D.2d 697 (N.Y. App. Div. 1992)   Cited 52 times

    May 4, 1992 Appeal from the Supreme Court, Richmond County (Amann, J.). Ordered that the amended interlocutory judgment is modified, on the law, by deleting the provision thereof which dismissed the complaint insofar as it is asserted against the defendant City of New York, and the provision thereof which dismissed the cross claim of the defendant Phyllis Scognamillo against the City of New York, and substituting therefor a provision reinstating the jury verdict finding the City of New York 55% at

  7. Mack v. City of New York

    265 A.D.2d 308 (N.Y. App. Div. 1999)   Cited 33 times

    Argued June 24, 1999 October 4, 1999 In an action to recover damages for personal injuries and wrongful death, etc., the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Hutcherson, J.). ORDERED that the order is affirmed insofar as appealed from, with costs. The plaintiffs' decedent, Roosevelt Mack, drowned on August 8, 1996, in Coney Island Creek near a public school. On December 5, 1996, the plaintiffs served a notice of claim on the City

  8. Ingle v. New York City Tr. Auth

    7 A.D.3d 574 (N.Y. App. Div. 2004)   Cited 26 times

    2003-02626. Decided May 10, 2004. In an action to recover damages for personal injuries, etc., the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Knipel, J.), dated January 16, 2003, as denied that branch of its cross motion which was for summary judgment dismissing the complaint insofar as asserted by the plaintiff Christopher Ingle. Wallace D. Gossett, Brooklyn, N.Y. (Steve S. Efron, New York, N.Y. [Renée L. Cyr] of counsel), for appellant

  9. Dasilva v. C E Ventures, Inc.

    83 A.D.3d 551 (N.Y. App. Div. 2011)   Cited 16 times   1 Legal Analyses
    In DaSilva v C & E Ventures, Inc., 83 AD3d 551, 554 [1st Dept 2011], the First Department affirmed Supreme Court's holding that when a New York company's worker is injured in New York while performing work for the PA, New York Labor Law applies.

  10. 385 Third Avenue v. Metropolitan Metals Corp.

    81 A.D.3d 475 (N.Y. App. Div. 2011)   Cited 13 times

    No. 4240. February 10, 2011. Order and judgment (one paper), Supreme Court, New York County (Louis B. York, J.), entered July 24, 2009, which, to the extent appealed from as limited by the briefs, denied plaintiffs' motion for summary judgment (1) declaring that defendant Burlington Insurance Company is obligated to provide insurance coverage to defendant Metropolitan Metals Corp. in connection with plaintiffs' contractual indemnification claims against Metropolitan arising out of the underlying