§Why CasetextPricing

Mary T. Heltz, Appellant,v.Bruce S. Barratt et al., Respondents.

Brief

25 Cited authorities

  1. Zuckerman v. City of N.Y.

    49 N.Y.2d 557 (N.Y. 1980)   Cited 24,802 times   9 Legal Analyses
    Granting summary judgment as the city's arguments were considered speculation and this was "patently inadequate to establish the existence of a factual issue requiring a trial . . ."

  2. Yelder v. Walters

    64 A.D.3d 762 (N.Y. App. Div. 2009)   Cited 296 times

    No. 2008-05676. July 28, 2009. In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Queens County (Lane, J.), entered May 27, 2008, which denied their motion for summary judgment dismissing the complaint. Richard T. Lau, Jericho, N.Y. (Keith E. Ford and Thomas S. Quinn, Jr., of counsel), for appellants. Law Offices of Joseph Katz Associates, P.C. (Ben Lyhovsky, Brooklyn, N.Y., of counsel), for respondent. Before: Prudenti, P.J., Dillon,

  3. Nevarez v. S.R.M

    58 A.D.3d 295 (N.Y. App. Div. 2008)   Cited 63 times
    Denying summary judgment "because the record demonstrates questions of fact as to [defendant's] comparative negligence. . . . If plaintiff's vehicle had already started to enter the intersection when [defendant] approached it, defendant had a duty to use reasonable care to avoid the collision."

  4. Stiles v. County of Dutchess

    278 A.D.2d 304 (N.Y. App. Div. 2000)   Cited 58 times

    Argued November 15, 2000. December 12, 2000. In an action to recover damages for personal injuries, the plaintiffs appeal from an order of the Supreme Court, Dutchess County (Marlow, J.), dated April 11, 2000, which granted the defendants' motion for summary judgment dismissing the complaint. Jacqueline E. McBride, Montgomery, N.Y. (Mary Jo Whateley of counsel), for appellants. McCabe Mack, LLP, Poughkeepsie, N.Y. (Gerianne Hannibal of counsel), for respondents. Before: DAVID S. RITTER, J.P., WILLIAM

  5. Namisnak v. Martin

    244 A.D.2d 258 (N.Y. App. Div. 1997)   Cited 61 times
    In Namisnak, the defendant Martin testified that he did not observe Namisnak's car until it hit his truck's "rear right side" (id. at 259).

  6. Persaud v. Darbeau

    13 A.D.3d 347 (N.Y. App. Div. 2004)   Cited 25 times

    2004-01127 December 6, 2004. In an action to recover damages for personal injuries, the defendant Rona R. Mahadeo, as administratrix of the estate of Sesenarine Persaud, appeals from an order of the Supreme Court, Kings County (Rosenberg, J.), dated December 9, 2003, which denied her motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against her. Before: Prudenti, P.J., H. Miller, Spolzino and Lifson, JJ., concur. Ordered that the order is reversed, on the

  7. Barile v. Carroll

    280 A.D.2d 988 (N.Y. App. Div. 2001)   Cited 28 times
    Holding that defendant's admitted failure to see the decedent's vehicle until the moment of impact did not defeat motion for summary judgment, due to lack of evidence that such failure was due to any negligence

  8. Cooley v. Urban

    1 A.D.3d 900 (N.Y. App. Div. 2003)   Cited 23 times

    CA 03-00513 November 21, 2003. Appeal from an order of Supreme Court, Erie County (Mahoney, J.), entered July 31, 2002, which denied the motion of defendant Albert J. Urban seeking summary judgment dismissing the complaint against him. HAGELIN BISCHOF, LLC, BUFFALO (ANTHONY J. TANTILLO OF COUNSEL), FOR DEFENDANT-APPELLANT. LAW OFFICE OF JOHN J. FROMEN, BUFFALO (EDWARD J. MARKARIAN OF COUNSEL), FOR PLAINTIFF-RESPONDENT. PRESENT: PIGOTT, JR., P.J., GREEN, SCUDDER, GORSKI, AND HAYES, JJ. MEMORANDUM

  9. Wallace v. Kuhn

    23 A.D.3d 1042 (N.Y. App. Div. 2005)   Cited 20 times

    CA 05-00431. November 10, 2005. Appeal from an order of the Supreme Court, Erie County (John M. Curran, J.), entered August 25, 2004. The order denied the motion of defendant Rodney B. Swain for summary judgment dismissing the complaint against him. SUGARMAN LAW FIRM, LLP, BUFFALO (JAMES E. HANLON OF COUNSEL), FOR DEFENDANT-APPELLANT. KENNEY, SHELTON, LIPTAK NOWAK, L.L.P., BUFFALO (CHRISTOPHER A. JOHNSON OF COUNSEL), FOR DEFENDANT-RESPONDENT. Present: Green, J.P., Gorski, Smith, Lawton and Hayes

  10. Espinoza v. Loor

    299 A.D.2d 167 (N.Y. App. Div. 2002)   Cited 21 times

    2136 November 7, 2002. Order, Supreme Court, Bronx County (Douglas McKeon, J.), entered September 21, 2001, which granted defendant Hugo Loor's motion for summary judgment dismissing the complaint against him, unanimously affirmed, without costs. ROBIN MARY HEANEY, for plaintiff-appellant. JAY M. WEINSTEIN, for defendant-respondent. Before: Tom, J.P., Rosenberger, Friedman, Gonzalez, JJ. This action arises from the collision of two vehicles, one operated by defendant Loor and the other by defendant