§Why CasetextPricing

Bessie Caldwell et al., Appellants,v.Cablevision Systems Corporation, et al., Defendants, Communications Specialists, Inc., Respondent.

Brief

15 Cited authorities

  1. Martin v. City of Cohoes

    37 N.Y.2d 162 (N.Y. 1975)   Cited 556 times
    Stating that in the absence of strong countervailing public policy, parties may consent to the law that is to be applied to the case

  2. Arbegast v. Board of Educ

    65 N.Y.2d 161 (N.Y. 1985)   Cited 228 times   1 Legal Analyses
    Adopting the common law definition of implied assumption of risk, and citing treatises: Prosser, Law of Torts, at 442 (4th ed.); Schwartz, Comparative Negligence § 9.2; Comparative Negligence Law Practice § 4.20(b) (Matthew Bender); Restatement (Second) of Torts § 496(b)

  3. Marine Midland Bank v. Russo

    50 N.Y.2d 31 (N.Y. 1980)   Cited 247 times
    Noting "general" rule of "imputation of knowledge from agent to principal"

  4. Sega v. State

    60 N.Y.2d 183 (N.Y. 1983)   Cited 218 times
    Holding that sitting and resting are sufficiently related to "hiking" under New York's recreational use statute

  5. Zegarelli v. Hughes

    3 N.Y.3d 64 (N.Y. 2004)   Cited 59 times
    Holding that trial court committed reversible error in excluding post-accident videotape of injured plaintiff shoveling snow after plaintiff testified that he took "two or three swipes" of parking area with shovel

  6. Telaro v. Telaro

    25 N.Y.2d 433 (N.Y. 1969)   Cited 121 times

    Argued October 28, 1969 Decided December 4, 1969 Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, FREDERICK BACKER, J. Leonard C. Shalleck, Irving I. Erdheim and Milton P. Falk for appellant. Morris H. Halpern and Abraham J. Heller for respondent. BREITEL, J. This appeal involves an action by a wife to recover, inter alia, one half of some $24,800 withdrawn by her husband, defendant-respondent, from a brokerage account held at that time in the names of both

  7. Green v. Downs

    27 N.Y.2d 205 (N.Y. 1970)   Cited 91 times

    Argued September 23, 1970 Decided November 12, 1970 Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, HARRY GITTLESON, J. Benjamin H. Siff for appellants. GIBSON, J. The plaintiff suing on the primary cause of action in this negligence case was injured when the defendants' automobile backed into her as she stood upon the street. By a divided vote, the Appellate Division affirmed the judgment entered upon the verdict of no cause of action. The order of the Appellate

  8. 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"

  9. Carr v. Burnwell Gas of Newark, Inc.

    23 A.D.3d 998 (N.Y. App. Div. 2005)   Cited 9 times

    CA 04-02197. November 10, 2005. Appeals from a judgment of the Supreme Court, Wayne County (Dennis M. Kehoe, A.J.), entered April 23, 2004 in a personal injury action. The judgment, upon a jury verdict in favor of defendants and against plaintiffs, dismissed the complaints. FOLEY AND FOLEY, PALMYRA (JAMES F. FOLEY OF COUNSEL), FOR PLAINTIFF-APPELLANT JACQUELINE CARR, AS PARENT AND NATURAL GUARDIAN OF CODY CARR, AN INFANT. VILLANI LAW OFFICE, LYONS (ANTHONY J. VILLANI OF COUNSEL), FOR PLAINTIFFS-APPELLANTS

  10. Merrill v. Albany Medical Center Hospital, McKneally

    71 N.Y.2d 990 (N.Y. 1988)   Cited 27 times

    Argued March 24, 1988 Decided May 3, 1988 Appeal from the Supreme Court, Albany County, Edward S. Conway, J. John B. McCrory and Domenick L. Gabrielli for appellant. Mark B. Wiesen for respondents. Thomas R. Newman and Howard R. Cohen for FOJP Service Corporation and others, amici curiae. Brian J. Shoot and Arnold L. Kleinick for New York State Trial Lawyers' Association, amicus curiae. Appeal dismissed, with costs. Jurisdiction for the appeal is predicated upon CPLR 5601 (a), which requires that