41 Cited authorities

  1. Taylor v. Adams

    221 F.3d 1254 (11th Cir. 2000)   Cited 641 times
    Holding the prisoner must demonstrate that the officials' response was so inadequate as to "constitute an unnecessary and wanton infliction of pain," and was not "merely accidental inadequacy, negligence in diagnosis or treatment, or even medical malpractice actionable under state law."
  2. McLean v. City of New York

    2009 N.Y. Slip Op. 2449 (N.Y. 2009)   Cited 482 times   2 Legal Analyses
    Recognizing shortcomings in conduct of municipal employees that could have prevented harm incurred by plaintiffs, but noting that "this is not the test" for municipal liability
  3. Valdez v. City of New York

    2011 N.Y. Slip Op. 7252 (N.Y. 2011)   Cited 369 times   1 Legal Analyses
    Discussing the "fundamental obligation of a plaintiff pursuing a negligence cause of action to prove that the putative defendant owed a duty of care"
  4. Lauer v. City of New York

    95 N.Y.2d 95 (N.Y. 2000)   Cited 478 times
    Holding that the Medical Examiner's statutory duty to prepare post-autopsy reports and report to the District Attorney benefits "the public at large" and was not enacted for individual benefit
  5. Cuffy v. City of New York

    69 N.Y.2d 255 (N.Y. 1987)   Cited 658 times
    Discussing the elements of a "special relationship"
  6. Certiorari Granted

    531 U.S. 1077 (2001)   Cited 125 times
    Finding no adverse employment action where employee was told she was fired by a supervisor, but did not lose pay or other job benefits
  7. Ross v. Consumers Power

    420 Mich. 567 (Mich. 1984)   Cited 578 times
    Recognizing in a governmental-immunity analysis that identical tort and contract allegations should be analyzed differently if one of the claims "also alleges that plaintiffs contracted and agreed with defendants" regarding the obligations
  8. Pelaez v. Seide

    2 N.Y.3d 186 (N.Y. 2004)   Cited 286 times
    Holding that no affirmative duty was created where a county health inspector promised additional inspections and erroneously told plaintiff she need not test her child for lead exposure immediately
  9. Garrett v. Holiday Inns

    58 N.Y.2d 253 (N.Y. 1983)   Cited 334 times
    Finding that, where actions were brought on behalf of motel guests resulting from a fire, that contribution claim against municipality could proceed based on theory that municipality knew blatant fire and safety violations existed but failed to require the motel to comply
  10. Weiss v. Fote

    7 N.Y.2d 579 (N.Y. 1960)   Cited 541 times
    In Weiss, the New York Court of Appeals found that the City of Buffalo's Board of Safety, having made a reasonable decision with respect to the timing of traffic lights, was not subject to review.