48 Cited authorities

  1. Vega v. Restani Constr. Corp.

    2012 N.Y. Slip Op. 1148 (N.Y. 2012)   Cited 1,565 times   1 Legal Analyses
    Affirming denial of summary judgment
  2. Derdiarian v. Felix Contr Co.

    51 N.Y.2d 308 (N.Y. 1980)   Cited 1,716 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 1,814 times
    Reinstating jury's finding of liability on contract claim because there was a "rational basis" for the verdict
  4. Szczerbiak v. Pilat

    90 N.Y.2d 553 (N.Y. 1997)   Cited 668 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
  5. Amatulli v. Delhi Constr Corp.

    77 N.Y.2d 525 (N.Y. 1991)   Cited 677 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
  6. Ortiz v. Varsity Holdings, LLC

    2011 N.Y. Slip Op. 9161 (N.Y. 2011)   Cited 258 times
    In Ortiz, the plaintiff was injured when he was taking debris from a building under demolition and placing it in a dumpster outside.
  7. Voss v. Black & Decker Manufacturing Co.

    59 N.Y.2d 102 (N.Y. 1983)   Cited 604 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 398 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 312 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 361 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. s 500.11 - Alternative procedure for selected appeals

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.11   Cited 494 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. s 500.22 - Motions for permission to appeal in civil cases

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.22   Cited 36 times

    (a) Filing and notice. Movant shall file an original and six copies of its papers, unless permitted to proceed pursuant to section 500.21(g) of this Part, with proof of service of two copies on each other party. The motion shall be noticed for a return date in compliance with CPLR 5516 and section 500.21(b) of this Part. (b) Content. Movant's papers shall be a single document, bound on the left, and shall contain in the order here indicated: (1) A notice of motion (see CPLR 2214). (2) A statement