28 Cited authorities

  1. Espinal v. Melville Snow Contractors

    98 N.Y.2d 136 (N.Y. 2002)   Cited 1,483 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. Palka v. Servicemaster Mgt.

    83 N.Y.2d 579 (N.Y. 1994)   Cited 620 times
    Holding third party liable where third party's all-inclusive maintenance contract rendered it the only guarantor of "a safe and clean . . . premises."
  3. Hamilton v. Beretta U.S.A. Corp.

    96 N.Y.2d 222 (N.Y. 2001)   Cited 314 times   1 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
  4. Barna v. Travis

    239 F.3d 169 (2d Cir. 2001)   Cited 193 times
    Holding that the New York State parole process creates no legitimate expectation of release; and, therefore, an inmate seeking release is not afforded the full panoply of procedural due process protection
  5. Stiver v. Good

    2007 N.Y. Slip Op. 9062 (N.Y. 2007)   Cited 119 times
    Holding defendant cannot be said to have launched an instrument of harm because there is no evidence that condition was made less safe
  6. Kennedy v. McKesson Co.

    58 N.Y.2d 500 (N.Y. 1983)   Cited 183 times
    Holding that "when there is a duty owed by defendant to plaintiff, breach of that duty resulting directly in emotional harm is compensable even though no physical injury occurred"
  7. Holdampf v. A.C. & S., Inc.

    2005 N.Y. Slip Op. 7863 (N.Y. 2005)   Cited 89 times   5 Legal Analyses
    Holding no duty, and noting that “foreseeability bears on the scope of a duty, and not whether it exists in the first place”
  8. Lapidus v. State of New York

    57 A.D.3d 83 (N.Y. App. Div. 2008)   Cited 45 times
    Providing examples of ministerial duties, such as a Clerk's docketing of a judgment or a court officer's recording of a judicial order
  9. Hall v. United Parcel Service of America, Inc.

    76 N.Y.2d 27 (N.Y. 1990)   Cited 75 times
    In Hall v. United Parcel Service of America, Inc., 76 N.Y.2d 27, 556 N.Y.S.2d 21, 555 N.E.2d 273 (1990), United Parcel Service ("UPS") forced an employee to leave his job after failing a lie detector test, which it administered during an investigation.
  10. Sharpe v. St. Luke's Hosp

    573 Pa. 90 (Pa. 2003)   Cited 48 times   1 Legal Analyses
    Holding that a hospital that contracts with an employer to collect samples for drug testing owes a duty of care to the employee undergoing the test
  11. Section 170.10 - Forgery in the second degree

    N.Y. Penal Law § 170.10   Cited 233 times

    A person is guilty of forgery in the second degree when, with intent to defraud, deceive or injure another, he falsely makes, completes or alters a written instrument which is or purports to be, or which is calculated to become or to represent if completed: 1. A deed, will, codicil, contract, assignment, commercial instrument, credit card, as that term is defined in subdivision seven of section 155.00, or other instrument which does or may evidence, create, transfer, terminate or otherwise affect