Matter of Hampton Bays Union Free Sch. Dist. v. Pub. Empl. Relations Bd., 919 N.E.2d 719 (NY 2009). · Go Syfert
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Matter of Hampton Bays Union Free Sch. Dist. v. Pub. Empl. Relations Bd., 919 N.E.2d 719 (NY 2009). Cases Citing This Book View Copy Cite
93 citation events (93 in the last 25 years) across 4 distinct courts.
Strongest positive: Matter of Coalition for Cobbs Hill v. City of Rochester (nyappdiv, 2021-05-07)
Treatment trajectory · 2009 → 2026 · click a year to view as-of
2009 2017 2026
Top citers, strongest first. 7 distinct citers. How cited ↗
discussed Cited "see" Matter of Coalition for Cobbs Hill v. City of Rochester
N.Y. App. Div. · 2021 · signal: see · confidence high
Thus, we do not consider those facts in reviewing whether the Zoning Manager took a hard look at the potential risk posed by lead contamination ( see Matter of Miller v Kozakiewicz , 300 AD2d 399, 400 [2d Dept 2002]; Aldrich v Pattison , 107 AD2d 258, 267-268 [2d Dept 1985]; see generally Matter of Kahn v Planning Bd. of City of Buffalo , 60 AD3d 1451, 1451-1452 [4th Dept 2009], lv denied 13 NY3d 711 [2009]).
discussed Cited "see" Desroches v. Heritage Bldrs. Group, LLC
N.Y. App. Div. · 2020 · signal: accord · confidence high
However[,] the likelihood of one entering without permission depends on the facts of the case[,] including the location of the property in relation to populated areas, its accessibility and whether there have been any prior incidents of trespassing in the area where the injury occurred" ( Scurti v City of New York , 40 NY2d 433, 442 [1976] [internal citation omitted]; accord Elwood v Alpha Sigma Phi, Iota Ch. of Alpha Sigma Phi Fraternity, Inc. , 62 AD3d 1074, 1076 [2009], lv denied 13 NY3d 711 [2009]).
discussed Cited "see" Cleveland v. Gregory C. Perry, M.D., FDR Med. Servs., P.C.
N.Y. App. Div. · 2019 · signal: see · confidence high
Here, defendants met their respective burdens of establishing as a matter of law that plaintiff and decedent's son did not suffer mental and emotional injuries causally related to Perry's erroneous pronouncement of decedent's death, and plaintiff failed to raise a triable issue of fact by demonstrating the requisite " guarantee of genuineness' " with respect to her claims of mental or emotional injuries ( Johnson v State of New York , 37 NY2d 378, 384 [1975]; see Karin K. v Four Winds Hosp ., 64 AD3d 686, 687 [2d Dept 2009], lv denied 13 NY3d 711 [2009]).
discussed Cited "see" Fitzpatrick v. Animal Care Hospital, PLLC
N.Y. App. Div. · 2013 · signal: see · confidence high
Upon review of a nonjury trial verdict, this Court “ ‘independently review[s] the probative weight of the evidence, together with the reasonable inferences that may be drawn therefrom, and grant[s] the judgment warranted by the record’ ” while according due deference to the trial court’s factual findings and credibility determinations (Ash v Bollman, 80 AD3d 1115, 1117 [2011], quoting Short v State of New York, 75 AD3d 1035, 1036 [2010]; see Haber v Gutmann, 64 AD3d 1106, 1107 [2009], lv denied 13 NY3d 711 [2009]).
discussed Cited "see" Fitzpatrick v. Animal Care Hospital, PLLC
N.Y. App. Div. · 2013 · signal: see · confidence high
Upon review of a nonjury trial verdict, this Court “ ‘independently review[s] the probative weight of the evidence, together with the reasonable inferences that may be drawn therefrom, and grant[s] the judgment warranted by the record’ ” while according due deference to the trial court’s factual findings and credibility determinations (Ash v Bollman, 80 AD3d 1115, 1117 [2011], quoting Short v State of New York, 75 AD3d 1035, 1036 [2010]; see Haber v Gutmann, 64 AD3d 1106, 1107 [2009], lv denied 13 NY3d 711 [2009]).
discussed Cited "see, e.g." Drake v. Sagbolt, LLC
N.Y. App. Div. · 2013 · signal: compare · confidence low
In our view, defendant failed to establish as a matter of law that plaintiffs use of the path was not reasonably foreseeable (see Perrelli v Orlow, 273 AD2d 533, 534-535 [2000]; compare Elwood v Alpha Sigma Phi, Iota Ch. of Alpha Sigma Phi Fraternity, Inc., 62 AD3d 1074, 1076 [2009], lv denied 13 NY3d 711 [2009]) and failed to meet its threshold burden of establishing that it did not owe a duty to plaintiff under the circumstances present here.
discussed Cited "see, e.g." Drake v. Sagbolt, LLC
N.Y. App. Div. · 2013 · signal: compare · confidence low
In our view, defendant failed to establish as a matter of law that plaintiffs use of the path was not reasonably foreseeable (see Perrelli v Orlow, 273 AD2d 533, 534-535 [2000]; compare Elwood v Alpha Sigma Phi, Iota Ch. of Alpha Sigma Phi Fraternity, Inc., 62 AD3d 1074, 1076 [2009], lv denied 13 NY3d 711 [2009]) and failed to meet its threshold burden of establishing that it did not owe a duty to plaintiff under the circumstances present here.
Retrieving the full opinion text from the archive…
MATTER OF HAMPTON BAYS UNION FREE SCHOOL DIST.
v.
PUBLIC EMPL. RELATIONS BD.
Motion No: 2009-1020.
New York Court of Appeals.
Nov 23, 2009.
919 N.E.2d 719
Published

Motion for leave to appeal denied.