56 Cited authorities

  1. Cuffy v. City of New York

    69 N.Y.2d 255 (N.Y. 1987)   Cited 658 times
    Discussing the elements of a "special relationship"
  2. Hamilton v. Beretta U.S.A. Corp.

    96 N.Y.2d 222 (N.Y. 2001)   Cited 309 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
  3. Miller v. State of New York

    62 N.Y.2d 506 (N.Y. 1984)   Cited 472 times
    Holding college liable for rape of student occurring in dorm room
  4. De Long v. County of Erie

    60 N.Y.2d 296 (N.Y. 1983)   Cited 477 times
    Finding that city owed a special duty to victim by creating a 911 system and encouraging people to use it to speed police response
  5. Eiseman v. State of New York

    70 N.Y.2d 175 (N.Y. 1987)   Cited 317 times
    Holding that liability for negligent misrepresentation requires injury or damage to plaintiff
  6. Sebastian v. State

    93 N.Y.2d 790 (N.Y. 1999)   Cited 177 times
    In Sebastian v. State of New York (93 N.Y.2d 790 [1999]), the Court held that the State's supervision of a juvenile incarcerated at a Division for Youth facility was a quintessentially governmental function for which the State was protected by broader immunity than a private litigant would enjoy.
  7. Cherebin v. Empress Ambulance

    43 A.D.3d 364 (N.Y. App. Div. 2007)   Cited 120 times
    In Cherebin,the First Department allowed leave to amend despite the lack of a "compelling" excuse where the plaintiff waited only two years in seeking to amend the bill of particulars after filing the original bill of particulars, noting that this delay was short compared to cases where leave to amend was denied.
  8. Steering Comm. v. Port Auth. of New York (In re World Trade Ctr. Bombing Litig. )

    2011 N.Y. Slip Op. 6501 (N.Y. 2011)   Cited 97 times
    Holding "when official action involves the exercise of discretion, the officer is not liable for the injurious consequences of that action even if resulting from negligence or malice"
  9. Purdy v. Public Administrator

    72 N.Y.2d 1 (N.Y. 1988)   Cited 176 times
    Finding no duty to members of the general public where defendant health facility lacked authority, in non-emergency context, to restrict voluntary resident of nursing home from leaving
  10. Schrempf v. State

    66 N.Y.2d 289 (N.Y. 1985)   Cited 179 times
    Holding that the State failed to take proper security measures and was liable for injuries caused by mental patient who escaped from state psychiatric institution, where the inmate had a history of recent escapes, self-mutilation, and assaults, and was left unattended
  11. Section 1395dd - Examination and treatment for emergency medical conditions and women in labor

    42 U.S.C. § 1395dd   Cited 1,165 times   19 Legal Analyses
    Requiring hospitals to provide emergency care regardless of patient’s ability to pay
  12. Section 800.3 - Definitions

    N.Y. Comp. Codes R. & Regs. tit. 10 § 800.3   Cited 3 times

    The following definitions shall apply to this Chapter, unless the context otherwise requires: (a)Department means the New York State Department of Health. (b)Commissioner means the State Commissioner of Health. (c)Person means an individual, partnership, association, corporation or any other legal entity whatsoever. (d)Emergency medical service means a service engaged in providing initial emergency medical assistance, including but not limited to the treatment of trauma, burns, and respiratory, circulatory

  13. Section 800.15 - Required conduct

    N.Y. Comp. Codes R. & Regs. tit. 10 § 800.15   Cited 2 times

    Every person certified at any level pursuant to these regulations shall: (a) at all times maintain the confidentiality of information about the names, treatment, and conditions of patients treated except: (1) a prehospital care report shall be completed for each patient treated when acting as part of an organized prehospital emergency medical service, and a copy shall be provided to the hospital receiving the patient and to the authorized agent of the department for use in the State's quality assurance