§Why CasetextPricing

Theresa Devito, Appellant,v.Dennis Feliciano et al., Respondents.

Brief

70 Cited authorities

  1. Toure v. Avis Rent A Car Systems, Inc.

    98 N.Y.2d 345 (N.Y. 2002)   Cited 5,160 times
    Holding that MRI tests showing injury and muscle spasms support finding of serious injury under New York law

  2. Pommells v. Perez

    4 N.Y.3d 566 (N.Y. 2005)   Cited 2,058 times
    Holding that a plaintiff's claim survived summary judgment when her doctor stated that she had suffered severe and permanent injuries and that opinion was supported by measurements of loss of range of motion and an MRI revealing herniated discs

  3. Perl v. Meher

    2011 N.Y. Slip Op. 8452 (N.Y. 2011)   Cited 1,143 times
    Holding evidence established genuine issue of material fact as to whether physician's specific, numerical range of motion measurements of cervical and lumbar spines, made several years after automobile accident, demonstrated plaintiff suffered from a serious injury precluding summary judgment where initial examination of the plaintiff shortly after the accident showed difficulty moving and diminished strength in cervical and lumbar spines

  4. 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"

  5. People v. Gonzalez

    68 N.Y.2d 424 (N.Y. 1986)   Cited 984 times   2 Legal Analyses
    In People v Gonzalez (68 NY2d 424 [1986]), we set forth the conditions necessary to warrant a missing witness charge and a burden-shifting analysis to determine whether those conditions are met.

  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. 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

  8. Brooks v. Judlau Contr

    11 N.Y.3d 204 (N.Y. 2008)   Cited 239 times   2 Legal Analyses
    Holding that inclusion of the phrase “to the fullest extent permitted by law” limits a promisor's obligation and contemplates partial indemnification

  9. People v. Savinon

    100 N.Y.2d 192 (N.Y. 2003)   Cited 233 times
    Finding that the trial court did not abuse its discretion in giving a missing witness instruction in favor of the prosecution where "under either side's version of the alleged crime, defendant was so bonded with [the missing witness] as to have had sex with the complainant with [the missing witness] nearby"

  10. Nassau County Department of Social Services ex. rel. Dante M. v. Denise J.

    87 N.Y.2d 73 (N.Y. 1995)   Cited 224 times
    In Dante M., for example, we held that the Family Court erred in concluding that a newborn's positive toxicology for a controlled substance alone was sufficient to support a finding of neglect because the report, in and of itself, did not prove that the child was impaired or in imminent danger of becoming impaired (87 NY2d at 79).