12 Cited authorities

511 West 232nd Owners Corp. v. Jennifer Realty Co.
98 N.Y.2d 144 (N.Y. 2002) Cited 2,074 times 1 Legal Analyses
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
Kronos, Inc. v. AVX Corp.
81 N.Y.2d 90 (N.Y. 1993) Cited 722 times
Holding that plaintiffs' cause of action sounding in tort accrued in 1988 when plaintiff suffered damages, even though breach occurred in 1984
Hecht v. City of New York
60 N.Y.2d 57 (N.Y. 1983) Cited 378 times
Upholding Appellate Division's dismissal of negligence complaint because gap in sidewalk was trivial and therefore not actionable
Hain v. Jamison
2016 N.Y. Slip Op. 8583 (N.Y. 2016) Cited 132 times 1 Legal Analyses
Holding that a factual dispute over proximate cause precluded summary judgment
Flanagan v. Mt. Eden Gen. Hosp
24 N.Y.2d 427 (N.Y. 1969) Cited 225 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"
Matter of Higby v. Mahoney
48 N.Y.2d 15 (N.Y. 1979) Cited 81 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
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.
Rodriguez v. Medical Group
77 N.Y.2d 217 (N.Y. 1990) Cited 37 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"
Fleishman v. Lilly
62 N.Y.2d 888 (N.Y. 1984) Cited 47 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).
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).

B.F., et al., Respondents,v.Reproductive Medicine Associates of New York, LLP, et al., Appellants.

12 Cited authorities

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

Holding that plaintiffs' cause of action sounding in tort accrued in 1988 when plaintiff suffered damages, even though breach occurred in 1984

Upholding Appellate Division's dismissal of negligence complaint because gap in sidewalk was trivial and therefore not actionable

Holding that a factual dispute over proximate cause precluded summary judgment

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.

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"

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).

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).