§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

50 Cited authorities

  1. De Long v. County of Erie

    60 N.Y.2d 296 (N.Y. 1983)   Cited 519 times
    Finding that city owed a special duty to victim by creating a 911 system and encouraging people to use it to speed police response

  2. 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

  3. 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

  4. Donlon v. City of New York

    284 A.D.2d 13 (N.Y. App. Div. 2001)   Cited 133 times
    Noting that Section 5501(c) "was adopted as a reform to the former 'shock the conscience' " standard for appellate review and it, "in design and operation, influences outcomes by tightening the range of tolerable awards" (alteration adopted) (quoting Gasperini, 518 U.S. at 425, 116 S.Ct. 2211)

  5. Peguero v. 601 Realty Corp.

    58 A.D.3d 556 (N.Y. App. Div. 2009)   Cited 105 times
    Holding that personal liability may be imposed on a corporate officer only "for misfeasance or malfeasance, i.e., an affirmative tortious act; personal liability cannot be imposed on a corporate officer for nonfeasance, i.e., a failure to act."

  6. Gonzalez v. New York City Housing Authority

    77 N.Y.2d 663 (N.Y. 1991)   Cited 171 times   1 Legal Analyses
    Upholding a $350,000 award for conscious pain and suffering even though the medical examiner noted that two causes of her death - a contusion of the scalp and fracture of the cervical spine - were consistent with a simultaneous loss of consciousness and death, because there was sufficient circumstantial evidence to support the conclusion that decedent was conscious when most of the injuries were inflicted

  7. 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.

  8. 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.

  9. People v. Dekle

    56 N.Y.2d 835 (N.Y. 1982)   Cited 114 times
    In People v. Dekle, 56 N.Y.2d 835, 452 N.Y.S.2d 568 (1982), for example, the defendant moved for dismissal because the evidence did not support a finding that he threatened "immediate" use of physical force to effect a robbery, as required under the statute, because his folding knife was closed; it required two hands to open it; and the evidence showed he only had one hand free.

  10. Hernandez v. Nychhc

    78 N.Y.2d 687 (N.Y. 1991)   Cited 80 times
    In Hernandez, the decedent died intestate in April 1987 in a facility operated by defendant New York City Health and Hospitals Corporation, leaving her infant son as her sole distributee.