32 Cited authorities

  1. Espinal v. Melville Snow Contractors

    98 N.Y.2d 136 (N.Y. 2002)   Cited 1,452 times
    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
  2. Hooper Associates Ltd. v. AGS Computers, Inc.

    74 N.Y.2d 487 (N.Y. 1989)   Cited 1,120 times   1 Legal Analyses
    Holding that the plaintiff could not recover attorneys' fees from the defendant without express language in the agreement permitting such a recovery
  3. Sheila C. v. Povich

    11 A.D.3d 120 (N.Y. App. Div. 2004)   Cited 302 times
    Holding that § 260.10 failed to define the prohibited conduct in a manner specific enough to give rise to a claim of negligence per se
  4. Stiver v. Good

    2007 N.Y. Slip Op. 9062 (N.Y. 2007)   Cited 118 times
    Holding defendant cannot be said to have launched an instrument of harm because there is no evidence that condition was made less safe
  5. Johnson v. Kings County Dist. Attorney's

    308 A.D.2d 278 (N.Y. App. Div. 2003)   Cited 128 times
    Holding that plaintiff wrongly held for twenty-four days as a fugitive adequately alleged constitutional harm caused by a failure of the District Attorney's office to train assistant district attorneys and other personnel with regard to proper procedures for determining whether detainees pursuant to fugitive warrants are in fact persons sought by out-of-state authorities
  6. Johnson v. State of New York

    37 N.Y.2d 378 (N.Y. 1975)   Cited 282 times
    Finding special circumstances where the plaintiffs were negligently and mistakenly informed that their family member had died
  7. Ornstein v. N.Y.C.H.H. Corp.

    2008 N.Y. Slip Op. 1027 (N.Y. 2008)   Cited 100 times
    Holding the plaintiff had a claim for negligent infliction of emotional distress after being stuck with a needle filled with blood that was left in the bed of a patient with acquired immune deficiency syndrome (AIDS)
  8. Dombrowski v. Bulson

    2012 N.Y. Slip Op. 4203 (N.Y. 2012)   Cited 70 times   1 Legal Analyses
    Holding emotional distress damages are not recoverable in legal malpractice action for negligence resulting in longer incarceration, but recognizing broader recovery rights under intentional torts of false imprisonment and malicious prosecution
  9. Gary v. Flair Beverage Corp.

    60 A.D.3d 413 (N.Y. App. Div. 2009)   Cited 60 times
    Holding that the indemnified party "is also entitled to . . . costs pursuant to the broad language of the indemnification clause" which did not explicitly mention costs
  10. Ventricelli v. Kinney System Rent a Car, Inc.

    45 N.Y.2d 950 (N.Y. 1978)   Cited 141 times
    Holding rental car company liable for its negligence in placing injured party at the site of later accident would have "stretch[ed] the concept of foreseeability beyond acceptable limits"