§Why CasetextPricing

Miriam Levy Oates, as Administratrix of the Estate of Rachel Levy, Deceased, et al., Respondents,v.New York City Transit Authority, Appellant, et al., Defendants.

Brief

30 Cited authorities

  1. Diaz v. New York Downtown Hospital

    99 N.Y.2d 542 (N.Y. 2002)   Cited 596 times
    Granting summary judgment to plaintiff, noting that plaintiff's expert failed "to provide any factual basis for her conclusion that the guidelines establish or are reflective of a generally-accepted standard or practice"

  2. Hutchinson v. Sheridan Hill House Corp.

    2015 N.Y. Slip Op. 7578 (N.Y. 2015)   Cited 313 times
    In Hutchinson, the Court of Appeals determined that the defendants in one of the cases at issue, who had moved for summary judgment dismissing the complaint, failed to make a prima facie showing that a defect was trivial where photographs of the defect were "indistinct" and the defendants presented no evidence regarding the measurements of the defect (Hutchinson v. Sheridan Hill House Corp., 26 N.Y.3d at 82–83, 19 N.Y.S.3d 802, 41 N.E.3d 766).

  3. Romano v. Stanley

    90 N.Y.2d 444 (N.Y. 1997)   Cited 339 times
    Describing the types of evidence admissible to demonstrate "intoxication" for dram shop liability

  4. McDougald v. Garber

    73 N.Y.2d 246 (N.Y. 1989)   Cited 247 times
    Holding "simply that there must be 'some level of awareness' in order for plaintiff to recover" for all aspects of nonpecuniary loss, including pain and suffering

  5. Sherman v. N.Y. State Thruway Auth.

    2016 N.Y. Slip Op. 3546 (N.Y. 2016)   Cited 100 times   1 Legal Analyses
    Affirming reversal of denial of defendant's motion for summary judgment on basis of storm in progress doctrine

  6. Noseworthy v. City of New York

    298 N.Y. 76 (N.Y. 1948)   Cited 470 times
    In Noseworthy, the decedent somehow got down from the platform of defendant's subway station to the tracks and was struck by a train.

  7. Halloran v. Virginia Chems

    41 N.Y.2d 386 (N.Y. 1977)   Cited 194 times
    Holding that where a "plaintiff has proven that the product has not performed as intended and excluded all causes of the accident not attributable to defendant, the fact finder may, even if the particular defect has not been proven, infer that the accident could only have occurred due to some defect in the product or its packaging"

  8. Cassano v. Hagstrom

    5 N.Y.2d 643 (N.Y. 1959)   Cited 319 times
    In Cassano v. Hagstrom (5 NY2d 643), also cited by defendant, plaintiff failed to raise a triable issue of fact regarding her claim that defendant had negligently severed nerves in her mouth.

  9. Cummins v. County of Onondaga

    84 N.Y.2d 322 (N.Y. 1994)   Cited 81 times
    In Cummins (84 NY2d at 324), the issue was whether the evidence was sufficient to support the jury's damage verdict for conscious pain and suffering where the decedent drowned after she lost control of her car and it flipped over and landed in a pond.

  10. Doomes v. Best Transit Corp.

    2011 N.Y. Slip Op. 7256 (N.Y. 2011)   Cited 41 times   1 Legal Analyses

    2011-10-18 Gloria DOOMES, Appellant, v. BEST TRANSIT CORP. et al., Defendants,andWarrick Industries, Inc., Doing Business as Goshen Coach, Respondent.Ana Jiminian, Appellant, v. Best Transit Corp. et al., Defendants,andWarrick Industries, Inc., Doing Business as Goshen Coach, Respondent.Kelli Rivera, Appellant, v. Best Transit Corp. et al., Defendants,andWarrick Industries, Inc., Doing Business as Goshen Coach, Respondent. Pollack Pollack Isaac & DeCicco, New York City (Brian J. Isaac of counsel)