§Why CasetextPricing

Sharen Branch,, Appellant,v.County of Sullivan, Respondent.

Brief

25 Cited authorities

  1. Valdez v. City of New York

    2011 N.Y. Slip Op. 7252 (N.Y. 2011)   Cited 467 times   1 Legal Analyses
    Discussing the "fundamental obligation of a plaintiff pursuing a negligence cause of action to prove that the putative defendant owed a duty of care"

  2. Kihl v. Pfeffer

    94 N.Y.2d 118 (N.Y. 1999)   Cited 599 times   2 Legal Analyses
    Affirming trial court's striking of complaint where plaintiff failed to correct initial interrogatory responses that were "not responsive" and "lack[ed] any reasonable detail"

  3. Cuffy v. City of New York

    69 N.Y.2d 255 (N.Y. 1987)   Cited 713 times
    Finding “as a matter of law” that plaintiffs' injuries were not the result of justifiable reliance on assurances of police protection

  4. Bailey v. New York City Transit Authority

    270 A.D.2d 156 (N.Y. App. Div. 2000)   Cited 147 times

    March 23, 2000 Order, Supreme Court, New York County (Louis York, J.), entered November 23, 1998, which denied defendant New York City Transit Authority's motion for summary judgment, unanimously reversed, on the law, without costs, the motion granted, and the complaint dismissed. The Clerk is directed to enter judgment in favor of defendant-appellant dismissing the complaint and all cross-claims as against it. Margaret Johnson Petet, for plaintiffs-respondents. Lawrence Heisler, for defendant-appellant

  5. Turrisi v. Ponderosa, Inc.

    179 A.D.2d 956 (N.Y. App. Div. 1992)   Cited 128 times

    January 30, 1992 Appeal from the Supreme Court, Montgomery County (White, J.). Crew III, J. Third-party defendant, McClellan Street Associates (hereinafter McClellan), owns a shopping center in Schenectady County and rents space to defendant, Ponderosa, Inc. On October 3, 1987, plaintiff Maria Turrisi (hereinafter Turrisi) broke her hip as a result of a slip and fall in the parking lot of the shopping center after leaving Ponderosa. In September 1988, Turrisi and her husband commenced this negligence

  6. Adamkiewicz v. Lansing

    288 A.D.2d 531 (N.Y. App. Div. 2001)   Cited 79 times
    In Yates v. Lansing, 5 Johns. 282, 291, Kent, C.J., said: "The doctrine which holds a judge exempt from a civil suit or indictment for any act done or omitted to be done by him, sitting as a judge, has a deep root in the common law. It is to be found in the earliest judicial records, and it has been steadily maintained by an undisputed current of decisions in the English courts, amidst every change of policy, and through every revolution of their government."

  7. Feinberg v. Saks Co.

    56 N.Y.2d 206 (N.Y. 1982)   Cited 41 times
    Finding if probable cause existed for arrest, a malicious prosecution claim is barred absent a showing of an exonerating fact that "become[]s known to defendants between the time of detention and the time of prosecution"

  8. Firth v. State of New York

    306 A.D.2d 666 (N.Y. App. Div. 2003)   Cited 14 times

    93031 Calendar Date: April 28, 2003. June 12, 2003. Appeal from an order of the Court of Claims (Collins, J.), entered March 22, 2002, which denied defendant's motion for, inter alia, summary judgment dismissing the claim. Eliot Spitzer, Attorney General, Albany (Frank K. Walsh of counsel), for appellant. Hancock Estabrook L.L.P., Syracuse (Alan J. Pierce of counsel) and Carl G. Dworkin, Albany, for respondent. Before: Cardona, P.J., Crew III, Peters, Rose and Kane, JJ. MEMORANDUM AND ORDER Kane

  9. Christa Construction v. Smith

    63 A.D.3d 1331 (N.Y. App. Div. 2009)   Cited 7 times

    No. 505397. June 11, 2009. Appeal from a judgment of the Supreme Court (Zwack, J.), entered April 1, 2008 in Albany County, which, among other things, granted petitioner's application, in a proceeding pursuant to CPLR article 78, to prohibit respondent from determining whether the prevailing wage law applies to petitioner's construction project. Andrew M. Cuomo, Attorney General, Albany (Zainab A. Chaudhry of counsel), for appellant. Ernstrom Dreste, L.L.P., Rochester (John W. Dreste of counsel)

  10. Brown v. City of New York

    60 N.Y.2d 893 (N.Y. 1983)   Cited 35 times

    Argued October 24, 1983 Decided November 23, 1983 Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, STEPHEN SMYK, J. Bernard Meyerson and Benjamin Rubenstein for appellant. Frederick A.O. Schwarz, Jr., Corporation Counsel ( Richard P. Swanson of counsel), for respondent. MEMORANDUM. The order of the Appellate Division should be affirmed, without costs. These actions for false arrest and malicious prosecution arose out of plaintiff's arrest on January 16, 1978

  11. Section 5501 - Scope of review

    N.Y. CPLR 5501   Cited 7,205 times   2 Legal Analyses
    Stating that the “shocks the conscience” standard “was relaxed in 1986 in tort actions, including the common personal injury and wrongful death actions in which additur and remittitur are most often seen”

  12. Section R2103 - Service of papers

    N.Y. C.P.L.R. § 2103   Cited 1,890 times
    Approving service by mail “made from outside the state”

  13. Section 6306 - Administration of community colleges-boards of trustees

    N.Y. Educ. Law § 6306   Cited 53 times

    1. Each community college, except in the city of New York, shall be administered by a board of trustees of ten members, nine of whom shall be appointed for terms of seven years in annual rotation, and one member elected as herein provided, except that initial appointments shall be made for terms of one to nine years respectively. Five members shall be appointed by the local legislative body or board, or other appropriate governing agency, one of whom may be a member of such local legislative body

  14. Section 6301 - Definitions

    N.Y. Educ. Law § 6301   Cited 26 times

    As used in this article, unless the context shall otherwise require, the following terms shall mean: 1. "State university trustees." Board of trustees of the state university. 2. "Community colleges." Colleges established and operated pursuant to the provisions of this article, either individually or jointly, by counties, cities, intermediate school districts, school districts approved by the state university trustees, or individually by community college regions approved by the state university

  15. Section 53 - Liability of county for torts

    N.Y. County Law § 53   Cited 16 times

    1. Upon compliance with section fifty-two each county shall be liable under the same rules of law applicable to the state, for damage or injury, or death, to person or property sustained by reason of the torts of its officers, agents, servants and employees. 2. Notwithstanding the provisions of any law defining real property owned by tax title or owned for purposes of reimbursement of assistance granted, as held and used for a public purpose, no county shall be liable by reason of such property being

  16. Section 6308 - Defense and indemnification of community college trustees, officers and employees

    N.Y. Educ. Law § 6308   Cited 11 times

    1. As used in this section, the term "employee" shall mean any person holding a position by appointment or employment in the service of a community college, whether or not compensated, or a volunteer expressly authorized to participate in a community college sponsored volunteer program, but shall not include an independent contractor. The term employee shall include a former employee, his estate or judicially appointed personal representative. 2. (a) Upon compliance by the employee with the provisions

  17. Section 603.5 - Real property

    N.Y. Comp. Codes R. & Regs. tit. 8 § 603.5

    (a) Acquisition of real property. Real property may be acquired for community college facilities by gift only after the State University trustees have approved the selection of the site, and by purchase or condemnation only after an appraisal has been prepared and the State University trustees have approved the selection of the site, the educational value of the property and a capital budget which includes the acquisition costs. (b) Appraisal of real property. Any appraisal of real property required