§Why CasetextPricing

Robert K. Monette et al., Appellants,v.Christina L. Trummer, et al., Defendants, Jim Ball Pontiac-Buick-GMC, Inc., Respondent.

Brief

25 Cited authorities

  1. Alvarez v. Prospect Hosp

    68 N.Y.2d 320 (N.Y. 1986)   Cited 21,199 times   8 Legal Analyses
    Finding summary judgment appropriate by relying on a treating doctor's unrebutted deposition testimony

  2. Vega v. Restani Constr. Corp.

    2012 N.Y. Slip Op. 1148 (N.Y. 2012)   Cited 2,805 times   1 Legal Analyses
    Affirming denial of summary judgment

  3. Sillman v. Twentieth Century-Fox

    3 N.Y.2d 395 (N.Y. 1957)   Cited 5,993 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of the existence of any assignment, it shall have the right to withhold payments until the assignment is cancelled or withdrawn"

  4. Ferluckaj v. Goldman Sachs

    2009 N.Y. Slip Op. 2483 (N.Y. 2009)   Cited 193 times
    In Ferluckaj, the court determined that a tenant-defendant was not liable as an "owner" under the labor law because it did not contract for the work done by the injured worker, and its general contractor did not subcontract work to the injured worker's employer.

  5. Stone v. Goodson

    8 N.Y.2d 8 (N.Y. 1960)   Cited 501 times

    Argued March 31, 1960 Decided April 28, 1960 Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, THOMAS A. AURELIO, J. Otis Mark Waters for appellant. Milton Pollack, Warren S. Tenney, Samuel N. Greenspoon and Francis E. Koch for respondents. BURKE, J. In this action for breach of a written contract the Appellate Division has reversed Special Term's order granting summary judgment for the plaintiff and certified the following question — "Was the order of this

  6. Murdza v. Zimmerman

    99 N.Y.2d 375 (N.Y. 2003)   Cited 125 times
    In Murdza, the Court of Appeals recognized that where the lessee of a rental vehicle permits another person to operate the vehicle, the rental company is deemed to have constructively consented to such use, even in a situation where such use violates the terms of the rental agreement executed by the lessor.

  7. Burke v. Crosson

    85 N.Y.2d 10 (N.Y. 1995)   Cited 153 times

    Argued January 5, 1995 Decided February 9, 1995 Appeal from the Supreme Court, Onondaga County, Rosemary S. Pooler, J. Dennis C. Vacco, Attorney-General, Albany (Frank K. Walsh, Jerry Boone and Peter H. Schiff of counsel), for Edward Regan and another, appellants. Michael Colodner, New York City, John Eiseman and John J. Sullivan for Matthew T. Crosson, appellant. Julian Pertz, P.C., Utica (Robert F. Julian of counsel), for respondents. TITONE, J. Plaintiffs, three Onondaga County Court Judges, commenced

  8. In Matter of Council of the City of N.Y. v. Bloomberg

    2006 N.Y. Slip Op. 1111 (N.Y. 2006)   Cited 84 times
    Deeming local law regulatory where “the Council ... [did] not seriously assert that the purpose and likely effect of the law [wa]s to make the City's contracts cheaper or their performance more efficient,” and where the law was instead “obviously designed as an enactment of social policy”

  9. Zegarowicz v. Ripatti

    77 A.D.3d 650 (N.Y. App. Div. 2010)   Cited 57 times

    Nos. 2008-07609, 2008-09185. October 5, 2010. Motion by the defendant HVT, Inc., for leave to reargue appeals from an order of the Supreme Court, Westchester County, entered July 3, 2008, and a judgment of the same court dated August 27, 2008, which were determined by decision and order of this Court dated November 4, 2009. Laub Delaney LLP (Pollack, Pollack, Isaac De Cicco, New York, N.Y. [Brian J. Isaac and Catherine A. Sheridan], of counsel), for appellant. Rende, Ryan Downes, LLP, White Plains

  10. WE'RE ASSOC. CO. v. COHEN

    65 N.Y.2d 148 (N.Y. 1985)   Cited 71 times

    Argued April 25, 1985 Decided June 4, 1985 Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, Henderson W. Morrison, J. Victor M. Metsch and Gerry E. Feinberg for appellant. Frederick Newman for defendant and respondents. Chief Judge WACHTLER. In this action to recover rents due and owing under a commercial lease, Special Term granted the individual defendants' motion to strike their names as parties to the action. The Appellate Division unanimously affirmed

  11. Section 30106 - Rented or leased motor vehicle safety and responsibility

    49 U.S.C. § 30106   Cited 605 times   3 Legal Analyses
    Defining "affiliate" as "a person other than the owner that directly or indirectly controls, is controlled by, or under common control with the owner"

  12. Section 128 - Owner

    N.Y. Veh. & Traf. Law § 128   Cited 91 times

    A person, other than a lien holder, having the property in or title to a vehicle or vessel. The term includes a person entitled to the use and possession of a vehicle or vessel subject to a security interest in another person and also includes any lessee or bailee of a motor vehicle or vessel having the exclusive use thereof, under a lease or otherwise, for a period greater than thirty days. N.Y. Veh. and Traf. Law § 128