10 Cited authorities

  1. Alvarez v. Prospect Hosp

    68 N.Y.2d 320 (N.Y. 1986)   Cited 21,160 times   8 Legal Analyses
    Finding summary judgment appropriate by relying on a treating doctor's unrebutted deposition testimony
  2. William J. Jenack Estate Appraisers & Auctioneers, Inc. v. Rabizadeh

    2013 N.Y. Slip Op. 8373 (N.Y. 2013)   Cited 470 times

    2013-12-17 WILLIAM J. JENACK ESTATE APPRAISERS AND AUCTIONEERS, INC., Appellant, v. Albert RABIZADEH, Respondent. Ostrer & Hoovler, P.C., Chester (Benjamin Ostrer and Cynthia Dolan of counsel), for appellant. Michael S. Winokur, Flushing, for respondent. RIVERA Ostrer & Hoovler, P.C., Chester (Benjamin Ostrer and Cynthia Dolan of counsel), for appellant. Michael S. Winokur, Flushing, for respondent. Cahill Partners LLP, New York City (John R. Cahill and Ronald W. Adelman of counsel), for Sotheby's

  3. Szczerbiak v. Pilat

    90 N.Y.2d 553 (N.Y. 1997)   Cited 761 times
    Finding that the police officer's striking a pedestrian, while glancing down from the road momentarily to turn on his emergency lights, was "a momentary judgment lapse," which did not alone rise to the level of recklessness
  4. Saarinen v. Kerr

    84 N.Y.2d 494 (N.Y. 1994)   Cited 404 times   3 Legal Analyses
    Holding that a standard of "reckless disregard for the safety of others" required evidence that defendant had engaged in conduct "of an unreasonable character in disregard of a known or obvious risk that was so great as to make it highly probable that harm would follow and ha[d] done so with conscious indifference to the outcome"
  5. Kabir v. County of Monroe

    16 N.Y.3d 217 (N.Y. 2011)   Cited 122 times   1 Legal Analyses
    Finding rear-end collision is prima facie evidence of negligence of the operator of the rear vehicle under state law
  6. Campbell v. City of Elmira

    84 N.Y.2d 505 (N.Y. 1994)   Cited 171 times
    In Campbell v. City of Elmira, 84 N.Y.2d 505, 620 N.Y.S.2d 302, 644 N.E.2d 993 (1994), the court found that there were sharply disputed facts and inferences that justified upholding a jury's finding of recklessness, thus distinguishing Saarinen. Campbell, 620 N YS.2d at 306-07, 644 N.E.2d at 997-98.
  7. Quock v. City of N.Y.

    110 A.D.3d 488 (N.Y. App. Div. 2013)   Cited 6 times

    2013-10-10 Steven QUOCK, Plaintiff–Appellant, v. The CITY OF NEW YORK, Defendant–Respondent, Abul K. Azad, et al., Defendants–Appellants. Decolator, Cohen & DiPrisco, LLP, Garden City (Joseph L. Decolator of counsel), for Quock, appellant. Baker, McEvoy, Morrissey & Moskovits, P.C., Brooklyn (Marjorie E. Bornes of counsel), for Azad and Inta Cab Corp., appellants. TOM Decolator, Cohen & DiPrisco, LLP, Garden City (Joseph L. Decolator of counsel), for Quock, appellant. Baker, McEvoy, Morrissey & Moskovits

  8. Frezzell v. City of N.Y.

    105 A.D.3d 620 (N.Y. App. Div. 2013)   Cited 4 times

    2013-04-23 Kent FREZZELL, Plaintiff–Appellant, v. The CITY OF NEW YORK, et al., Defendants–Respondents. Parker Waichman, LLP, Port Washington (Jay L.T. Breakstone of counsel), for appellant. Michael A. Cardozo, Corporation Counsel, New York (Victoria Scalzo of counsel), for respondents. TOM Parker Waichman, LLP, Port Washington (Jay L.T. Breakstone of counsel), for appellant. Michael A. Cardozo, Corporation Counsel, New York (Victoria Scalzo of counsel), for respondents. TOM, J.P., SWEENY, DeGRASSE

  9. People v. Norton

    588 N.E.2d 72 (N.Y. 1991)   Cited 16 times

    Argued November 21, 1991 Decided December 23, 1991 Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Edwin Torres, J. Robert M. Morgenthau, District Attorney (Leonard I. Picker and Norman Barclay of counsel), for appellant. Philip L. Weinstein for respondent. MEMORANDUM. The order of the Appellate Division should be affirmed. We agree that the prosecution failed in its burden to establish that the hearsay statements in issue fell within the "excited utterances"

  10. People v. Schreiner

    77 N.Y.2d 733 (N.Y. 1991)   Cited 10 times

    Argued March 21, 1991 Decided May 7, 1991 Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, Cohen, J. Joel Atlas and Philip L. Weinstein for appellant. John J. Santucci, District Attorney (Gary Fidel of counsel), for respondent. ALEXANDER, J. Defendant appeals his conviction, by jury verdict, of second degree murder (Penal Law § 125.25) and fourth degree criminal possession of a weapon (Penal Law § 265.01). He contends that his statement made during a psychiatric