13 Cited authorities

  1. Pommells v. Perez

    4 N.Y.3d 566 (N.Y. 2005)   Cited 2,054 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
  2. Perl v. Meher

    2011 N.Y. Slip Op. 8452 (N.Y. 2011)   Cited 1,140 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
  3. Amatulli v. Delhi Constr Corp.

    77 N.Y.2d 525 (N.Y. 1991)   Cited 722 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
  4. Franchini v. Palmieri

    1 N.Y.3d 536 (N.Y. 2003)   Cited 436 times
    Holding that plaintiff's doctor's report was insufficient to defeat summary judgment as he failed to adequately address plaintiff's preexisting back condition and other medical problems
  5. Linton v. Nawaz

    2010 N.Y. Slip Op. 2835 (N.Y. 2010)   Cited 149 times

    No. 122 SSM 8. Decided April 6, 2010. APPEAL, by permission of the Appellate Division of the Supreme Court in the First Judicial Department, from an order of that Court, entered May 7, 2009. The Appellate Division modified, on the law, an order of the Supreme Court, New York County (Deborah A. Kaplan, J), which had denied a motion by defendants for summary judgment dismissing the complaint. The modification consisted of granting the motion to the extent of dismissing plaintiffs claim that he sustained

  6. Matott v. Ward

    48 N.Y.2d 455 (N.Y. 1979)   Cited 353 times
    Discussing formulation of medical expert's opinion regarding causation, and holding that the issue of causation was properly presented to the jury although the expert testified that he could not say with certainty that car accident was sole cause of plaintiff's condition
  7. Linton v. Nawaz

    62 A.D.3d 434 (N.Y. App. Div. 2009)   Cited 107 times
    Holding that where a doctor determined, contrary to the defendants' expert reports, that the plaintiff's injuries were caused by the accident "based on a full physical examination of plaintiff made within days of the onset of plaintiff's complaints . . . , which plaintiff told him ensued after he was involved in a traumatic accident," plaintiff had "raise[d] a triable issue as to whose medical opinion was worthy of greater weight"
  8. Barry v. Arias

    94 A.D.3d 499 (N.Y. App. Div. 2012)   Cited 76 times

    2012-04-10 Danielle J. BARRY, et al., Plaintiffs–Respondents, v. Francis Manuel ARIAS, et al., Defendants–Appellants. Baker, McEvoy, Morrissey & Moskovits, P.C., New York (Stacy R. Seldin of counsel), for appellants. Michelle S. Russo, Port Washington, for respondents. ANDRIAS Baker, McEvoy, Morrissey & Moskovits, P.C., New York (Stacy R. Seldin of counsel), for appellants. Michelle S. Russo, Port Washington, for respondents. ANDRIAS, J.P., FRIEDMAN, ACOSTA, FREEDMAN, RICHTER, JJ. Order, Supreme

  9. Edwards v. Devine

    111 A.D.3d 1370 (N.Y. App. Div. 2013)   Cited 26 times

    2013-11-15 Leonard EDWARDS, Plaintiff–Respondent, v. Donald DEVINE and Catholic Diocese of Buffalo, also known as Roman Catholic Diocese of Buffalo, Defendants–Appellants. Damon Morey LLP, Buffalo (Kara M. Addelman of Counsel), for Defendants–Appellants. Terrance C. Brennan, Buffalo, for Plaintiff–Respondent. Damon Morey LLP, Buffalo (Kara M. Addelman of Counsel), for Defendants–Appellants. Terrance C. Brennan, Buffalo, for Plaintiff–Respondent. PRESENT: CENTRA, J.P., PERADOTTO, CARNI AND LINDLEY

  10. Amamedi v. Archibala

    70 A.D.3d 449 (N.Y. App. Div. 2010)   Cited 28 times

    No. 2114. February 9, 2010. Order, Supreme Court, Bronx County (Wilma Guzman, J.), entered on or about August 5, 2009, which denied defendants' 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 accordingly. Feinman Grossbard, P.C., White Plains (Steven N. Feinman of counsel), for appellants. Budin, Reisman, Kupferberg Bernstein, LLP, New York (Philip M. Aglietti of counsel), for respondents