48 Cited authorities

  1. Vega v. Restani Constr. Corp.

    2012 N.Y. Slip Op. 1148 (N.Y. 2012)   Cited 2,797 times   1 Legal Analyses
    Affirming denial of summary judgment
  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. Cohen v. Hallmark Cards

    45 N.Y.2d 493 (N.Y. 1978)   Cited 1,944 times   1 Legal Analyses
    Holding that the standard of review in assessing a motion for judgment notwithstanding the verdict is whether there is "simply no valid line of reasoning and permissible inferences which could possibly lead rational [people] to the conclusion reached by the jury on the basis of the evidence at trial"
  4. Ortiz v. Varsity Holdings, LLC

    2011 N.Y. Slip Op. 9161 (N.Y. 2011)   Cited 483 times
    Denying the plaintiff's cross motion for summary judgment on his § 240 claim where there is any issue of fact as to whether there is an enumerated safety device that could have prevented his fall
  5. Szczerbiak v. Pilat

    90 N.Y.2d 553 (N.Y. 1997)   Cited 761 times
    Finding that the police officer's striking a pedestrian, while glancing down from the road momentarily to turn on his emergency lights, was "a momentary judgment lapse," which did not alone rise to the level of recklessness
  6. Amatulli v. Delhi Constr Corp.

    77 N.Y.2d 525 (N.Y. 1991)   Cited 727 times
    Holding that a pool manufacturer was not held liable for injuries sustained when a plaintiff dove headfirst into a shallow above-ground pool where the manufacturer provided explicit instructions requiring above-ground installation but the user installed the pool in the ground thereby obscuring the shallow nature of the pool's depth
  7. Voss v. Black & Decker Manufacturing Co.

    59 N.Y.2d 102 (N.Y. 1983)   Cited 674 times   2 Legal Analyses
    Holding that " manufacturer is held liable regardless of his lack of actual knowledge of the condition of the product because he is in the superior position to discover any design defects and alter the design before making the product available to the public"
  8. Robinson v. Reed-Prentice

    49 N.Y.2d 471 (N.Y. 1980)   Cited 422 times   1 Legal Analyses
    Holding that the defendant was not strictly liable for defective design where evidence established that when the defendant sold the molding machine, the machine was not defective, and had the machine been left intact, the machine's safety gate and connecting interlocks would have rendered the predicate accident an impossibility
  9. Schneider v. Kings Highway Hospital Center

    67 N.Y.2d 743 (N.Y. 1986)   Cited 351 times
    Finding plaintiff established prima facie case through evidence that it was more likely that hospital worker rather than plaintiff lowered guardrails on hospital bed
  10. Micallef v. Miehle Co.

    39 N.Y.2d 376 (N.Y. 1976)   Cited 384 times   1 Legal Analyses
    Rejecting obviousness of the danger as a complete bar to negligence claims but retaining it with respect to strict product liability claims
  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 500.22 - Motions for permission to appeal in civil cases

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.22   Cited 43 times

    (a) Filing and notice. In addition to the submission in digital format required by subsection 500.22(e) of this section, movant shall file an original and one copy of its motion, unless permitted to proceed pursuant to subsection 500.21(g), with proof of service of one copy on each other party. The motion shall be noticed for a return date in compliance with CPLR 5516 and subsection 500.21(b) of this Part. (b) Content. The motion shall be a single document, bound on the left, and shall contain in