§Why CasetextPricing

Eric Landon,, Respondent,v.Kroll Laboratory Specialists, Inc., Appellant.

Brief

64 Cited authorities

  1. Morrissey v. Brewer

    408 U.S. 471 (1972)   Cited 10,670 times   5 Legal Analyses
    Holding that parolees "must have an opportunity to be heard and to show . . . that circumstances in mitigation suggest that the violation does not warrant revocation"

  2. Espinal v. Melville Snow Contractors

    98 N.Y.2d 136 (N.Y. 2002)   Cited 1,908 times   1 Legal Analyses
    Holding that contract requiring snow removal service to plow when snow accumulation reached three inches was "not the type of 'comprehensive and exclusive' property maintenance obligation contemplated" by previous case law

  3. Mempa v. Rhay

    389 U.S. 128 (1967)   Cited 1,306 times
    Holding that a deferred sentencing hearing is a critical stage despite the limited discretion afforded the sentencing judge

  4. Murphy v. American Home Prod

    58 N.Y.2d 293 (N.Y. 1983)   Cited 1,846 times   1 Legal Analyses
    Holding that the limitation period for commencing a judicial action for unlawful discrimination in employment is the three-year period of N YCiv.Prac.L. R. § 214

  5. Hooper Associates Ltd. v. AGS Computers, Inc.

    74 N.Y.2d 487 (N.Y. 1989)   Cited 1,378 times   6 Legal Analyses
    Holding that the plaintiff could not recover attorneys' fees from the defendant without express language in the agreement permitting such a recovery

  6. Hamilton v. Beretta U.S.A. Corp.

    96 N.Y.2d 222 (N.Y. 2001)   Cited 390 times   2 Legal Analyses
    Holding that handgun manufacturers do not owe a duty of reasonable care in the marketing and distribution of their handguns to persons injured or killed through the use of illegally obtained handguns, but leaving open the question of retailers' liability

  7. Credit Corp. v. Andersen Co.

    65 N.Y.2d 536 (N.Y. 1985)   Cited 472 times   3 Legal Analyses
    Holding that multiple, direct and substantive communications and personal meetings with the relying customers established a relationship sufficiently approaching privity

  8. Ortega v. New York

    2007 N.Y. Slip Op. 7741 (N.Y. 2007)   Cited 211 times   1 Legal Analyses
    Holding that that existing remedies available to courts for discovery violations—e.g., "precluding proof favorable to the spoliator . . . , requiring the spoliator to pay costs . . . employing an adverse inference instruction at the trial . . . . [w]here appropriate, . . . dismissing the action or striking responsive pleadings, thereby rendering a judgment by default against the offending party"—are an adequate deterrence

  9. Prudential Ins Co v. Dewey

    80 N.Y.2d 377 (N.Y. 1992)   Cited 314 times
    Holding near privity existed between law firm and non-client third party where law firm addressed and sent opinion letter to non-client and knew non-client would rely on letter in making a debt restructuring decision

  10. Ossining School v. Anderson

    73 N.Y.2d 417 (N.Y. 1989)   Cited 347 times   1 Legal Analyses
    Holding that in negligent misrepresentation cases, the relationship between the parties must "be one of contract or the bond between them so close as to be the functional equivalent of contractual privity"

  11. Section 1983 - Civil action for deprivation of rights

    42 U.S.C. § 1983   Cited 485,423 times   688 Legal Analyses
    Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation

  12. Section 410.70 - Hearing on violation

    N.Y. Crim. Proc. Law § 410.70   Cited 411 times

    1. In general. The court may not revoke a sentence of probation or a sentence of conditional discharge, or extend a period of probation, unless (a) the court has found that the defendant has violated a condition of the sentence and (b) the defendant has had an opportunity to be heard pursuant to this section. The defendant is entitled to a hearing in accordance with this section promptly after the court has filed a declaration of delinquency or has committed him or has fixed bail pursuant to this

  13. Section 574 - Permits

    N.Y. Pub. Health Law § 574   Cited 17 times

    No person shall own or operate a clinical laboratory located in or accepting specimens from New York state or own or operate a blood bank which collects, processes, stores and/or distributes, human blood, blood derivatives or blood components, in New York state unless a valid permit has been issued as provided in section five hundred seventy-five of this title. A permit shall be issued authorizing the performance of one or more procedures or services within one or more categories. A separate permit

  14. Section 577 - Enforcement

    N.Y. Pub. Health Law § 577   Cited 6 times

    1. A permit or certificate of qualification may be revoked, suspended, limited or annulled, or the holder thereof censured, reprimanded or otherwise disciplined by the department on proof that the certificate holder, owner or director, or one or more persons in his or her employ: (a) has been guilty of misrepresentation in obtaining the permit or certificate or in the operation of the clinical laboratory or blood bank, including the submission to the department of proficiency test results obtained

  15. Section 578 - Penalties

    N.Y. Pub. Health Law § 578   Cited 1 times

    1. (a) A person who owns or operates a clinical laboratory or blood bank, and who does not hold a valid permit issued pursuant to the provisions of this title or who otherwise does not comply with this title or the New York city health code is guilty of a misdemeanor, punishable by imprisonment for not more than one year, or by a fine of not more than two thousand dollars, or by both such fine and imprisonment. For any subsequent offense, the penalty shall be both such fine and imprisonment. (b)

  16. Section 58-1.1 - Permit

    N.Y. Comp. Codes R. & Regs. tit. 10 § 58-1.1   Cited 2 times

    (a) Permit means a clinical laboratory or blood bank permit issued by the Department of Health. (1) No clinical laboratory or blood bank shall be issued a permit in any category sought unless: (i) its laboratory director or assistant director(s) holds a certificate of qualification, pursuant to Part 19 of this Title, in each category for which the permit is sought; (ii) the clinical laboratory or blood bank has been physically inspected and has provided satisfactory evidence of correction of any

  17. Section 58-1.5 - Duties and qualifications of clinical laboratory technical personnel

    N.Y. Comp. Codes R. & Regs. tit. 10 § 58-1.5   Cited 2 times

    (a) Duties of a clinical laboratory technologist. A clinical laboratory technologist performs tests pursuant to established and approved protocols which require the exercise of independent judgment and responsibility, with minimal supervision by the laboratory director or supervisor, in only those specialties or subspecialties in which they are qualified by education, training and experience. (b) Qualifications of a clinical laboratory technologist. A clinical laboratory technologist practicing in

  18. Section 58-1.10 - Specimens: identification and examination

    N.Y. Comp. Codes R. & Regs. tit. 10 § 58-1.10   Cited 2 times

    (a) Every specimen received for testing shall be numbered or otherwise appropriately identified and listed in an accession book, or another system acceptable to the department. (b) Every tissue specimen shall be examined and reported upon by a qualified pathologist who is certified or eligible for certification for pathologic anatomy by the American Board of Pathology or whose qualifications, in the opinion of the Public Health Council pursuant to Part 19 of this Title, are equivalent of such certification