§Why CasetextPricing

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

Brief

21 Cited authorities

  1. Zuckerman v. City of N.Y.

    49 N.Y.2d 557 (N.Y. 1980)   Cited 24,755 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. Vega v. Restani Constr. Corp.

    2012 N.Y. Slip Op. 1148 (N.Y. 2012)   Cited 2,791 times   1 Legal Analyses
    Affirming denial of summary judgment

  3. Ferluckaj v. Goldman Sachs

    2009 N.Y. Slip Op. 2483 (N.Y. 2009)   Cited 192 times
    In Ferluckaj, the court determined that a tenant-defendant was not liable as an "owner" under the labor law because it did not contract for the work done by the injured worker, and its general contractor did not subcontract work to the injured worker's employer.

  4. Empire Insurance Company v. Food City, Inc.

    167 A.D.2d 983 (N.Y. App. Div. 1990)   Cited 277 times

    November 16, 1990 Appeal from the Supreme Court, Kings County, Williams, J. Present — Dillon, P.J., Doerr, Boomer, Pine and Davis, JJ. Appeal unanimously dismissed without costs. Memorandum: Defendants' motion, designated one to "renew", was, in reality, a motion to reargue, as no new matter was presented which was unavailable to defendants prior to the denial of their original motion (see, Galaxy Export v. Bedford Textile Prods., 89 A.D.2d 576; see also, Gulledge v. Adams, 108 A.D.2d 950). An order

  5. 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."

  6. Tibbits v. Verizon

    40 A.D.3d 1300 (N.Y. App. Div. 2007)   Cited 63 times

    No. 501663. May 17, 2007. Peters, J.P. Appeals (1) from an order of the Supreme Court (Teresi, J.), entered March 8, 2006 in Albany County, which granted defendant's motion for summary judgment dismissing the complaint, and (2) from that part of an order of said court, entered June 21, 2006 in Albany County, which denied plaintiffs motion to renew. Richard A. Kohn, Albany, for appellant. Jones Day, New York City (Shari M. Goldsmith of counsel), for respondent. Before: Spain, Mugglin, Rose and Lahtinen

  7. Daniels v. Rumsey

    111 A.D.3d 1408 (N.Y. App. Div. 2013)   Cited 18 times

    2013-11-15 Erica DANIELS, Plaintiff–Respondent, v. Frances A. RUMSEY, Defendant–Appellant, et al., Defendant. (Appeal No. 2.) Bouvier Partnership, LLP, Buffalo (Norman E.S. Greene of Counsel), for Defendant–Appellant. The Higgins Kane Law Group, P.C., Buffalo (Terrence P. Higgins of Counsel), for Plaintiff–Respondent. Bouvier Partnership, LLP, Buffalo (Norman E.S. Greene of Counsel), for Defendant–Appellant. The Higgins Kane Law Group, P.C., Buffalo (Terrence P. Higgins of Counsel), for Plaintiff–Respondent

  8. Blazynski v. Gareleck

    48 A.D.3d 1168 (N.Y. App. Div. 2008)   Cited 20 times

    No. CA 06-01554. February 1, 2008. Appeal from an order of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered April 25, 2006 in a personal injury action. The order granted the motions of defendants A. Gareleck Sons, Inc., Thomas Industries, Inc. and Genlyte Thomas Group LLC for summary judgment. PAUL WILLIAM BELTZ, P.C., BUFFALO (DEBRA A. NORTON OF COUNSEL), FOR PLAINTIFFS-APPELLANTS. CHELUS, HERDZIK, SPEYER MONTE, P.C., BUFFALO (KEVIN E. LOFTUS OF COUNSEL), FOR DEFENDANT-RESPONDENT

  9. King v. Washburn

    273 A.D.2d 725 (N.Y. App. Div. 2000)   Cited 27 times

    June 29, 2000. Appeal from an order of the Supreme Court (Mugglin, J.), entered May 18, 1999 in Otsego County, which denied a motion by plaintiff Charles A. King Sr. for summary judgment dismissing defendant's counterclaim. Carl J. Cochi, Utica, for appellant. Chernin Gold (Robert G. Bullis of counsel), Binghamton, for respondent. Before: Cardona, P.J., Mercure, Spain, Carpinello and Rose, JJ. MEMORANDUM AND ORDER Mercure, J. Plaintiffs brought this action to recover for injuries sustained by plaintiff

  10. 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

  11. Section 500.11 - Alternative procedure for selected appeals

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.11   Cited 536 times

    (a) On its own motion, the court may review selected appeals by an alternative procedure. Such appeals shall be determined on the intermediate appellate court record or appendix and briefs, the writings in the courts below and additional letter submissions on the merits. The clerk of the court shall notify all parties by letter when an appeal has been selected for review pursuant to this section. Appellant may request such review in its preliminary appeal statement. Respondent may request such review