76 Cited authorities

  1. Snyder v. Phelps

    562 U.S. 443 (2011)   Cited 544 times   9 Legal Analyses
    Holding that members of the Westboro Baptist Church could assert a First-Amendment defense to liability for the tort of intentional infliction of emotional distress because their protest at the funeral of a deceased solider was "on a matter of public concern" and therefore entitled to "special protection"
  2. Fontanetta v. John Doe

    73 A.D.3d 78 (N.Y. App. Div. 2010)   Cited 705 times
    Holding that corporate documents and redacted reports are not documentary evidence for purposes of CPRL 3211
  3. Howell v. New York Post Co.

    81 N.Y.2d 115 (N.Y. 1993)   Cited 1,223 times
    Holding that the elements of intentional infliction of emotional distress are: " extreme and outrageous conduct; intent to cause, or disregard of a substantial probability of causing, severe emotional distress; a causal connection between the conduct and injury; and severe emotional distress."
  4. Murphy v. American Home Prod

    58 N.Y.2d 293 (N.Y. 1983)   Cited 1,656 times   1 Legal Analyses
    Holding that the limitation period for commencing a judicial action for unlawful discrimination in employment is the three-year period of N YCiv.Prac.L. R. § 214
  5. IDT Corp. v. Morgan Stanley Dean Witter & Co.

    2009 N.Y. Slip Op. 2262 (N.Y. 2009)   Cited 644 times
    Holding that unjust enrichment "is an obligation imposed by equity to prevent injustice, in the absence of an actual agreement between the parties concerned. Where the parties executed a valid and enforceable written contract governing a particular subject matter, recovery on a theory of unjust enrichment for events arising out of that subject matter is ordinarily precluded."
  6. Bartnicki v. Vopper

    532 U.S. 514 (2001)   Cited 224 times   5 Legal Analyses
    Holding unconstitutional the prohibition on disclosure of illegally intercepted conversation even though the initial step in the disclosure process, the interception, was illegal and harmful to those whose privacy was invaded
  7. Small v. Lorillard Tobacco Co.

    94 N.Y.2d 43 (N.Y. 1999)   Cited 608 times   3 Legal Analyses
    Holding that where the underlying tort theory fails, "there is no independent tort to provide a basis for liability under . . . concert of action, conspiracy, and aiding and abetting theories"
  8. Kronos, Inc. v. AVX Corp.

    81 N.Y.2d 90 (N.Y. 1993)   Cited 631 times
    Holding that plaintiffs' cause of action sounding in tort accrued in 1988 when plaintiff suffered damages, even though breach occurred in 1984
  9. Freihofer v. Hearst Corp.

    65 N.Y.2d 135 (N.Y. 1985)   Cited 545 times
    Holding that violation of confidentiality provisions of New York's Domestic Relations Law by publication of information contained in court papers in a divorce action was not capable of sustaining an intentional infliction of emotional distress claim
  10. Stuto v. Fleishman

    164 F.3d 820 (2d Cir. 1999)   Cited 310 times
    Holding courts should first determine whether a constitutional violation occurred before deciding whether qualified immunity exists
  11. Section 4504 - Physician, dentist, podiatrist, chiropractor and nurse

    N.Y. C.P.L.R. § 4504   Cited 554 times   1 Legal Analyses

    (a) Confidential information privileged. Unless the patient waives the privilege, a person authorized to practice medicine, registered professional nursing, licensed practical nursing, dentistry, podiatry or chiropractic shall not be allowed to disclose any information which he acquired in attending a patient in a professional capacity, and which was necessary to enable him to act in that capacity. The relationship of a physician and patient shall exist between a medical corporation, as defined in

  12. Section 6530 - [Effective Until 5/20/2021] Definitions of professional misconduct

    N.Y. Educ. Law § 6530   Cited 216 times
    Specifying professional misconduct for the commission of which a physician licensee is subject to those penalties prescribed in section 230-a of the Public Health Law [e.g., censure and reprimand, suspension, limitation or revocation of license] to include the "[r]evealing of personally identifiable facts, data, or information obtained in a professional capacity without the prior consent of the patient, except as authorized or required by law"; cf. 8 NYCRR 29.1 [b]
  13. Section 2803-C - Rights of patients in certain medical facilities

    N.Y. Pub. Health Law § 2803-C   Cited 94 times   1 Legal Analyses

    1. The principles enunciated in subdivision three hereof are declared to be the public policy of the state and a copy of such statement of rights and responsibilities shall be posted conspicuously in a public place in each facility covered hereunder. 2. The commissioner shall require that every nursing home and facility providing health related service, as defined in subdivision two and paragraph (b) of subdivision four of section twenty-eight hundred one of this article, shall adopt and make public

  14. § 482.13 Condition of participation: Patient's rights

    42 C.F.R. § 482.13   Cited 30 times   3 Legal Analyses
    Stating that condition of participation includes patient's right "to participate in the development and implementation of his or her plan of care" and "right to make informed decisions regarding his or her care"
  15. Section 405.7 - Patients' rights

    N.Y. Comp. Codes R. & Regs. tit. 10 § 405.7   Cited 23 times
    Outlining patient's bill of rights and including "privacy while in the hospital and confidentiality of all information and records regarding your care"