§Why CasetextPricing

Ronald J. Papa et al.,, Appellants,v.Associated Indemnity Corporation et al., Respondents.

Brief

10 Cited authorities

  1. Derdiarian v. Felix Contr Co.

    51 N.Y.2d 308 (N.Y. 1980)   Cited 1,880 times
    Holding that the negligence of a driver did not negate a contractor's failure to safeguard an excavation site, and that "[b]ecause questions concerning what is foreseeable and what is normal may be the subject of varying inferences, as is the question of negligence itself, these issues generally are for the fact finder to resolve"

  2. Wasserman v. Carella

    307 A.D.2d 225 (N.Y. App. Div. 2003)   Cited 297 times

    1234 July 24, 2003. Order, Supreme Court, Bronx County (Howard Silver, J.), entered October 12, 2001, which, to the extent appealed from as limited by the briefs, granted defendant Stephen J. Ringel, M.D.'s motion for summary judgment dismissing plaintiff's complaint, unanimously reversed, on the law, without costs, the motion denied and the complaint reinstated as to Dr. Ringel. Stephen D. Chakwin, Jr., for plaintiff-appellant. Steven C. Mandell, for defendant-respondent. Before: Nardelli, J.P.

  3. Nonnon v. City of N.Y

    32 A.D.3d 91 (N.Y. App. Div. 2006)   Cited 62 times

    6099. June 6, 2006. APPEAL from an order of the Supreme Court, Bronx County (Alexander W Hunter, Jr., J.), entered October 16, 2003. The order denied defendant City of New York's motion to dismiss on the merits all of the complaints in actions for personal injuries and wrongful death allegedly caused by exposure to toxic substances in a landfill and to dismiss certain of the claims as time-barred. Nonnon v City of New York, 1 Misc 3d 897, modified. Michael A. Cardozo, Corporation Counsel, New York

  4. Danielenko v. Rent a Car

    57 N.Y.2d 198 (N.Y. 1982)   Cited 66 times
    Reversing jury verdict for plaintiff based on absence of evidence that injury was foreseeable

  5. Muhammad v. Fitzpatrick

    91 A.D.3d 1353 (N.Y. App. Div. 2012)   Cited 19 times
    In Muhammad, the degree of injury was more severe than in this case; there was at least a partial avulsion of the nerves.

  6. Schuster v. Dukarm

    38 A.D.3d 1358 (N.Y. App. Div. 2007)   Cited 22 times

    No. CA 06-01083. March 16, 2007. Appeal from an order and judgment (one paper) of the Supreme Court, Erie County (Kevin M. Dillon, J.), entered January 4, 2006 in a personal injury action. The order and judgment granted defendants' motion for summary judgment dismissing the complaint. Present — Hurlbutt, J.P., Gorski, Smith, Green and Pine, JJ. It is hereby ordered that the order and judgment so appealed from be and the same hereby is reversed on the law without costs, the motion is denied and the

  7. Payant v. Imobersteg

    256 A.D.2d 702 (N.Y. App. Div. 1998)   Cited 22 times

    December 3, 1998 Appeal from the from an order of the Supreme Court (Dawson, J.). WHITE, J. On June 4, 1990 in the City of Plattsburgh, Clinton County, plaintiff Peter A. Payant (hereinafter plaintiff) was involved in a severe motorcycle accident which resulted in the partial amputation of his lower right leg. Following the accident, plaintiff was taken to the emergency room at defendant Champlain Valley Physicians Hospital (hereinafter CVPH) where he was treated by defendant Krishan G. Gulati, a

  8. Smith v. M.V. Woods Construction Co.

    309 A.D.2d 1155 (N.Y. App. Div. 2003)   Cited 12 times

    CA 03-00035 October 2, 2003. Appeal and cross appeal from an order of Supreme Court, Onondaga County (Major, J.), entered March 1, 2002, which, inter alia, denied the cross motion of defendant M.V. Woods Construction Co., Inc. seeking to set aside the verdict pursuant to CPLR 4404(a). HISCOCK BARCLAY, LLP, SYRACUSE (ALAN R. PETERMAN OF COUNSEL), FOR DEFENDANT-APPELLANT-RESPONDENT. ROBERT E. LAHM, PLLC, SYRACUSE (ROBERT E. LAHM OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS-APPELLANTS. PRESENT: WISNER, J

  9. Edwards v. St. Elizabeth Medical Center

    72 A.D.3d 1595 (N.Y. App. Div. 2010)   Cited 3 times

    No. CA 09-02605. April 30, 2010. Appeal from an order of the Supreme Court, Oneida County (Anthony F. Shaheen, J.), entered March 16, 2009 in a personal injury action. The order granted defendant's motion for summary judgment dismissing the complaint. THE GOLDEN LAW FIRM, UTICA (LAWRENCE W. GOLDEN OF COUNSEL), FOR PLAINTIFF-APPELLANT. GALE DANCKS, LLC, SYRACUSE (MATTHEW J. VANBEVEREN OF COUNSEL), FOR DEFENDANT-RESPONDENT. Present: Smith, J.P., Fahey, Carni, Sconiers and Pine, JJ. It is hereby ordered

  10. Hileman v. Schmitt's Garage, Inc.

    58 A.D.2d 1029 (N.Y. App. Div. 1977)   Cited 10 times

    July 12, 1977 Appeal from the Erie Supreme Court. Present — Simons, J.P., Dillon, Hancock, Denman, and Goldman, JJ. Judgment unanimously affirmed, without costs. Memorandum: Plaintiff sought to recover for property damage resulting from a one-car accident in which his 30-foot, 5,000-pound trailer was demolished. His sons sought recovery of damages for poison ivy contracted when they scrambled down an embankment to recover personal property strewn by the roadway when the trailer overturned. The jury