Alvarez v. Prospect Hosp
68 N.Y.2d 320 (N.Y. 1986) Cited 21,149 times 8 Legal AnalysesFinding summary judgment appropriate by relying on a treating doctor's unrebutted deposition testimony
Zuckerman v. City of N.Y.
49 N.Y.2d 557 (N.Y. 1980) Cited 24,777 times 9 Legal AnalysesGranting 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 . . ."
Winegrad v. N.Y. Univ. Medical Center
64 N.Y.2d 851 (N.Y. 1985) Cited 18,070 times 8 Legal AnalysesReversing the motion court's order granting the defendants' cross-motion for summary judgment where they failed to demonstrate, with admissible proof, that the claims against them should be dismissed
Ross v. Curtis-Palmer
81 N.Y.2d 494 (N.Y. 1993) Cited 3,593 timesHolding that plaintiff's "§ 241 claim must fail because of the inadequacy of his allegations regarding the regulations defendants purportedly breached"
Gordon v. American Museum of Natural History
67 N.Y.2d 836 (N.Y. 1986) Cited 3,220 timesHolding that the defendant was not on constructive notice because there was no evidence that the defendant or anyone else observed the dangerous condition before the plaintiff's fall
Sillman v. Twentieth Century-Fox
3 N.Y.2d 395 (N.Y. 1957) Cited 5,986 times 2 Legal AnalysesFinding 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of the existence of any assignment, it shall have the right to withhold payments until the assignment is cancelled or withdrawn"
Kolivas v. Kirchoff
14 A.D.3d 493 (N.Y. App. Div. 2005) Cited 631 times2003-08729 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
Sanchez v. State of New York
99 N.Y.2d 247 (N.Y. 2002) Cited 482 timesHolding that State may be on constructive notice "from its knowledge of risks to a class of inmates based on the institution's expertise or prior experience, or from its own policies and practices designed to address such risks"
Johnson v. Phillips
261 A.D.2d 269 (N.Y. App. Div. 1999) Cited 535 timesHolding that drivers have a duty to be aware of traffic conditions, including vehicle stoppages
Birnbaum v. New York Racing Assn
57 A.D.3d 598 (N.Y. App. Div. 2008) Cited 329 timesReversing 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"
Section 1926.650 - Scope, application, and definitions applicable to this subpart
29 C.F.R. § 1926.650 Cited 24 times(a)Scope and application. This subpart applies to all open excavations made in the earth's surface. Excavations are defined to include trenches. (b)Definitions applicable to this subpart. Accepted engineering practices means those requirements which are compatible with standards of practice required by a registered professional engineer. Aluminum Hydraulic Shoring means a pre-engineered shoring system comprised of aluminum hydraulic cylinders (crossbraces) used in conjunction with vertical rails