§Why CasetextPricing

Tiffany Applewhite,, et al., Respondents,v.Accuhealth, Inc., et al., Defendants, City of New York, Appellant.

Brief

22 Cited authorities

  1. McLean v. City of New York

    2009 N.Y. Slip Op. 2449 (N.Y. 2009)   Cited 553 times   3 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

  2. Valdez v. City of New York

    2011 N.Y. Slip Op. 7252 (N.Y. 2011)   Cited 464 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"

  3. Lauer v. City of New York

    95 N.Y.2d 95 (N.Y. 2000)   Cited 544 times   1 Legal Analyses
    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

  4. Cuffy v. City of New York

    69 N.Y.2d 255 (N.Y. 1987)   Cited 710 times
    Finding “as a matter of law” that plaintiffs' injuries were not the result of justifiable reliance on assurances of police protection

  5. Hamilton v. Beretta U.S.A. Corp.

    96 N.Y.2d 222 (N.Y. 2001)   Cited 390 times   2 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

  6. Miller v. State of New York

    62 N.Y.2d 506 (N.Y. 1984)   Cited 502 times
    Holding college liable for rape of student occurring in dorm room

  7. Eiseman v. State of New York

    70 N.Y.2d 175 (N.Y. 1987)   Cited 345 times
    Holding that liability for negligent misrepresentation requires injury or damage to plaintiff

  8. Sebastian v. State

    93 N.Y.2d 790 (N.Y. 1999)   Cited 193 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.

  9. 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 135 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"

  10. Purdy v. Public Administrator

    72 N.Y.2d 1 (N.Y. 1988)   Cited 200 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

  11. Section 800.3 - Definitions

    N.Y. Comp. Codes R. & Regs. tit. 10 § 800.3   Cited 4 times   1 Legal Analyses

    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

  12. 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