12 Cited authorities

  1. 511 West 232nd Owners Corp. v. Jennifer Realty Co.

    98 N.Y.2d 144 (N.Y. 2002)   Cited 1,774 times
    Holding that the plaintiffs sufficiently pled a breach of the implied covenant of good faith and fair dealing by alleging that the defendant, which contracted to convert its building into a cooperative, rejected bona fide purchase offers from prospective tenants
  2. Kronos, Inc. v. AVX Corp.

    81 N.Y.2d 90 (N.Y. 1993)   Cited 648 times
    Holding that plaintiffs' cause of action sounding in tort accrued in 1988 when plaintiff suffered damages, even though breach occurred in 1984
  3. Hecht v. City of New York

    60 N.Y.2d 57 (N.Y. 1983)   Cited 344 times
    Upholding Appellate Division's dismissal of negligence complaint because gap in sidewalk was trivial and therefore not actionable
  4. Hain v. Jamison

    2016 N.Y. Slip Op. 8583 (N.Y. 2016)   Cited 72 times   1 Legal Analyses
    Holding that a factual dispute over proximate cause precluded summary judgment
  5. Flanagan v. Mt. Eden Gen. Hosp

    24 N.Y.2d 427 (N.Y. 1969)   Cited 219 times
    Holding that "[when] a foreign object is left in a patient's body . . . no claim can be made that the patient's action may be feigned or frivolous . . . there is no possible causal break between the negligence of the doctor or hospital and the patient's injury . . . the danger of belated, false or frivolous claims is eliminated"
  6. Matter of Higby v. Mahoney

    48 N.Y.2d 15 (N.Y. 1979)   Cited 78 times

    Submitted August 29, 1979 Decided September 4, 1979 Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, FRANK R. BAYGER, J. Richard T. Sullivan and Arthur A. Russ for appellant. T.J. Szymanski, County Attorney (Roger D. Avent of counsel), for respondents. Per Curiam. By this proceeding petitioner seeks to have validated a designating petition filed with the Erie County Board of Elections for the purpose of having his name placed on the official Republican Party

  7. LaBarbera v. New York Eye & Ear Infirmary

    91 N.Y.2d 207 (N.Y. 1998)   Cited 35 times
    In Labarbera v New York Eye and Ear Infirmary, 91 NY2d 207 (1998) the Court of Appeals concluded that a plastic stent placed in plaintiff's nose was not a foreign object.
  8. Fleishman v. Lilly

    467 N.E.2d 517 (N.Y. 1984)   Cited 46 times
    In Fleishman v Lilly Co. (62 N.Y.2d 888, 890), the Court of Appeals refused to alter the old accrual rule and said, "Any departure from the policies underlying these well-established precedents is a matter for the Legislature and not the courts" (supra, at 890).
  9. Rodriguez v. Medical Group

    77 N.Y.2d 217 (N.Y. 1990)   Cited 34 times
    Holding that "this Court in Flanagan v. Mount Eden Gen. Hosp. recognized a narrow exception . . . in cases where a "foreign object," such as surgical clamps, had accidentally been left inside the patient's body"
  10. Goldsmith v. Howmedica, Inc.

    67 N.Y.2d 120 (N.Y. 1986)   Cited 40 times
    In Goldsmith v Howmedica, Inc. (67 N.Y.2d 120), where a total hip implant broke, plaintiffs did not raise either the foreign object or the continuous treatment exception to the medical malpractice Statute of Limitations (CPLR 214-a).