27 Cited authorities

  1. Rotuba Extruders v. Ceppos

    46 N.Y.2d 223 (N.Y. 1978)   Cited 3,643 times   1 Legal Analyses
    Holding that summary judgment should be denied where there is any doubt as to the existence of triable issues of fact
  2. Sillman v. Twentieth Century-Fox

    3 N.Y.2d 395 (N.Y. 1957)   Cited 5,960 times   2 Legal Analyses
    Finding that provision prohibited assignments when the provision stated, in part, that "neither party hereto shall assign this agreement . . . without the prior written consent of the other party," and "that [defendant] shall not be required to recognize any assignments; and that if [defendant] shall receive notice of the existence of any assignment, it shall have the right to withhold payments until the assignment is cancelled or withdrawn"
  3. Basso v. Miller

    40 N.Y.2d 233 (N.Y. 1976)   Cited 1,939 times
    Holding that under New York law, a landowner has a duty to maintain his property in a reasonably safe condition considering all of the circumstances including the likelihood and seriousness of the injury, and the burden of avoiding the risk
  4. Kolivas v. Kirchoff

    14 A.D.3d 493 (N.Y. App. Div. 2005)   Cited 628 times

    2003-08729 January 10, 2005. In an action to recover damages for personal injuries, the defendants Maureen D. Kirchoff and Francis A. Kirchoff appeal from an order of the Supreme Court, Queens County (Satterfield, J.), dated July 7, 2003, which denied their motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against them. Before: Schmidt, J.P., Santucci, Luciano and Rivera, JJ. Ordered that the order is affirmed, with one bill of costs. Summary judgment is

  5. Branham v. Loews

    8 N.Y.3d 931 (N.Y. 2007)   Cited 371 times
    Holding that summary judgment must be granted because plaintiff failed to present sufficient evidence that defendant had actual or constructive notice of an obstruction in an aisle
  6. Birnbaum v. New York Racing Assn

    57 A.D.3d 598 (N.Y. App. Div. 2008)   Cited 328 times
    Reversing grant of summary judgment in a slip-and-fall action to defendant whose manager "merely referred to the subject of the racetrack's general daily cleaning practices" and "tendered no evidence regarding any particularized or specific inspection or stair-cleaning procedure in the area of the plaintiff's fall on the date of the accident"
  7. Negri v. Stop and Shop, Inc.

    65 N.Y.2d 625 (N.Y. 1985)   Cited 678 times
    Holding that circumstantial evidence that broken jars of baby food were on the floor for fifteen to twenty minutes tended to show that supermarket had constructive notice of the dangerous condition
  8. Levy v. Carol Management Corporation

    260 A.D.2d 27 (N.Y. App. Div. 1999)   Cited 217 times
    In Levy v. Carol Management Corporation, 260 A.D.2d 27, 33 (1st Dept.1999), the Appellate Division, First Department held that "[s]anctions are retributive, in that they punish past conduct.
  9. Lacagnino v. Gonzalez

    306 A.D.2d 250 (N.Y. App. Div. 2003)   Cited 159 times

    2002-07516 Argued May 8, 2003. June 2, 2003. In an action to recover damages for personal injuries, the defendant Eduard Pukhkiy appeals from an order of the Supreme Court, Kings County (Schmidt, J.), dated June 18, 2002, which denied his motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against him. Hayes Lorenzo (Gilroy Downes Horowitz Goldstein, New York, N.Y. [Thomas Dillon and Michael Horowitz] of counsel), for appellant. Robert A. Flaster, P.C., New

  10. Amendola v. City of N.Y.

    89 A.D.3d 775 (N.Y. App. Div. 2011)   Cited 71 times

    2011-11-9 Thomas AMENDOLA, appellant,v.CITY OF NEW YORK, respondent. Sullivan Papain Block McGrath & Cannavo P.C., Mineola, N.Y. (Stephen C. Glasser and Brian J. Shoot of counsel), for appellant.Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Pamela Seider Dolgow and Alyse Fiori of counsel), for respondent. PETER B. SKELOS, J.P., RUTH C. BALKIN, JOHN M. LEVENTHAL, and PLUMMER E. LOTT, JJ. Sullivan Papain Block McGrath & Cannavo P.C., Mineola, N.Y. (Stephen C. Glasser and Brian J. Shoot of

  11. Section 130-1.1 - Costs; sanctions

    N.Y. Comp. Codes R. & Regs. tit. 22 § 130-1.1   Cited 4,225 times   4 Legal Analyses
    Authorizing imposition of costs and attorney's fees for engaging in "frivolous conduct"