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11 New York opinions name it 3 courts 1984–2024 3 in the last five years
The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Ash v. City of New Yorkgreen1 sentence2015In support of their separate motion, the building defendants made a prima facie showing that the plaintiffs “cannot identify the cause of [the injured plaintiff’s] fall without engaging in speculation” (Ash v City of New York, 109 AD3d 854, 855 [2013]; see Kudrina v 82-04 Lefferts Tenants Corp., 110 AD3d 963, 964 [2013]). “[A] plaintiff’s inability to identify the cause of the fall is fatal to the cause of action, because a finding that the defendant’s negligence, if any, proximately caused the plaintiff’s injuries would be based on speculation” (Rivera v J. | 1 | 1 |
Kudrina v. 82-04 Lefferts Tenants Corp.green1 sentence2015In support of their separate motion, the building defendants made a prima facie showing that the plaintiffs “cannot identify the cause of [the injured plaintiff’s] fall without engaging in speculation” (Ash v City of New York, 109 AD3d 854, 855 [2013]; see Kudrina v 82-04 Lefferts Tenants Corp., 110 AD3d 963, 964 [2013]). “[A] plaintiff’s inability to identify the cause of the fall is fatal to the cause of action, because a finding that the defendant’s negligence, if any, proximately caused the plaintiff’s injuries would be based on speculation” (Rivera v J. | 1 | 1 |
Comes v. New York State Electric & Gas Corp.green1 sentence2006There is no evidence that Con Edison supervised or controlled the decedent’s work (see Comes v New York State Elec. & Gas Corp., 82 NY2d 876, 877 [1993]; Mazzocchi v International Bus. | 1 | 1 |
United Safety of America, Inc. v. Consolidated Edison Co.green2 sentences1995The relevant facts are set forth in the companion case of United Safety v Consolidated Edison Co. ( 213 AD2d 283 ), and will not be repeated here, except to note that this action specifically concerns the validity of the amendment to the contract between NAB and Con Edison (see, United Safety v Consolidated Edison Co., supra, at 284), memorialized in Purchase Order Change Authorizations (POCAs), which specifically required that fly ash be "disposed of as a hazardous waste material”. 1995The relevant facts are set forth in the companion case of United Safety v Consolidated Edison Co. ( 213 AD2d 283 ), and will not be repeated here, except to note that this action specifically concerns the validity of the amendment to the contract between NAB and Con Edison (see, United Safety v Consolidated Edison Co., supra, at 284), memorialized in Purchase Order Change Authorizations (POCAs), which specifically required that fly ash be "disposed of as a hazardous waste material”. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Cadwalader Wickersham & Taft v. Spinale
green
2 sentences2024Although the parties focus on whether a fiduciary relationship existed sufficient to warrant an equitable accounting, this is an action for money damages, i.e., an action at law ( see C adwalder Wickersham & Taft v Spinale, 177 AD2d 315 [1st Dept 1991]). 2024Although the parties focus on whether a fiduciary relationship existed sufficient to warrant an equitable accounting, this is an action for money damages, i.e., an action at law ( see C adwalder Wickersham & Taft v Spinale, 177 AD2d 315 [1st Dept 1991]). | 2 | 2024–2024 |
Guzov v. Manor Lodge Holding Corp.
green
1 sentence2023The plaintiff appeals. "'The law imposes a duty to maintain property free and clear of dangerous or defective conditions only upon those who own, occupy, or control property, or who put the property to a special use or derive a special benefit from it'" ( Bliss v City of New York , 162 AD3d 730 , 731, quoting Guzov v Manor Lodge Holding Corp. , 13 AD3d 482, 483 ). | 1 | 2023–2023 |
Miglino v. Bally Total Fitness of Greater New York, Inc.
green
1 sentence2020"In determining a motion for failure to state a cause of action, the court must accept the facts as alleged in the complaint as true, accord plaintiffs the benefit of every possible favorable inference, and determine only whether the facts as alleged fit within any cognizable legal theory'" ( Miglino v Bally Total Fitness of Greater N.Y., Inc. , 92 AD3d 148, 158 , affd 20 NY3d 342 , quoting Leon v Martinez , 84 NY2d 83, 87-88 ). | 1 | 2020–2020 |
Leon v. Martinez
green
1 sentence2020"In determining a motion for failure to state a cause of action, the court must accept the facts as alleged in the complaint as true, accord plaintiffs the benefit of every possible favorable inference, and determine only whether the facts as alleged fit within any cognizable legal theory'" ( Miglino v Bally Total Fitness of Greater N.Y., Inc. , 92 AD3d 148, 158 , affd 20 NY3d 342 , quoting Leon v Martinez , 84 NY2d 83, 87-88 ). | 1 | 2020–2020 |
Miglino v. Bally Total Fitness of Greater New York, Inc.
green
1 sentence2020"In determining a motion for failure to state a cause of action, the court must accept the facts as alleged in the complaint as true, accord plaintiffs the benefit of every possible favorable inference, and determine only whether the facts as alleged fit within any cognizable legal theory'" ( Miglino v Bally Total Fitness of Greater N.Y., Inc. , 92 AD3d 148, 158 , affd 20 NY3d 342 , quoting Leon v Martinez , 84 NY2d 83, 87-88 ). | 1 | 2020–2020 |
Sillman v. Twentieth Century-Fox Film Corp.
green
1 sentence1991(Rotuba Extruders v Ceppos, 46 NY2d 223 ; Sillman v Twentieth Century-Fox Film Corp., 3 NY2d 395 .) Accordingly, Con Edison’s motion for partial summary judg ment is granted only to the extent that the employee plaintiffs’ claims for damages due to emotional distress and battery are dismissed in accordance with this decision. | 1 | 1991–1991 |
Rotuba Extruders, Inc. v. Ceppos
green
1 sentence1991(Rotuba Extruders v Ceppos, 46 NY2d 223 ; Sillman v Twentieth Century-Fox Film Corp., 3 NY2d 395 .) Accordingly, Con Edison’s motion for partial summary judg ment is granted only to the extent that the employee plaintiffs’ claims for damages due to emotional distress and battery are dismissed in accordance with this decision. | 1 | 1991–1991 |
Martin v. Consolidated Edison Co. of New York, Inc.
neutral
1 sentence1990On May 31, 1988 the Appellate Division, Second Department, affirmed the judgment. ( 140 AD2d 674 .) On November 21, 1988 the Appellate Division granted Con Edison’s motion for reargument and, upon reargument, adhered to its original determination. ( 144 AD2d 547 .) On December 16, 1988, Con Edison served upon plaintiffs’ attorney a notice of intention for permission to appeal and stay all proceedings pursuant to CPLR 5519. | 1 | 1990–1990 |
Martin v. Consolidated Edison Co.
neutral
1 sentence1990On May 31, 1988 the Appellate Division, Second Department, affirmed the judgment. ( 140 AD2d 674 .) On November 21, 1988 the Appellate Division granted Con Edison’s motion for reargument and, upon reargument, adhered to its original determination. ( 144 AD2d 547 .) On December 16, 1988, Con Edison served upon plaintiffs’ attorney a notice of intention for permission to appeal and stay all proceedings pursuant to CPLR 5519. | 1 | 1990–1990 |
Penniman v. Fuller & Warren Co.
green
1 sentence1985Although Con Edison’s demand for a change of venue was timely made (Boro Kitchen Cabinets v Spalt, 9 AD2d 925 ; Penniman v Fuller & Warren Co., 133 NY 442 ), Con Edison’s motion to change venue must fall because, all things being equal, venue may remain where the transaction arose (Bernstein v McKane, 3 AD2d 764 ; Slavin v Whispell, 5 AD2d 296). | 1 | 1985–1985 |
Bernstein v. McKane
green
1 sentence1985Although Con Edison’s demand for a change of venue was timely made (Boro Kitchen Cabinets v Spalt, 9 AD2d 925 ; Penniman v Fuller & Warren Co., 133 NY 442 ), Con Edison’s motion to change venue must fall because, all things being equal, venue may remain where the transaction arose (Bernstein v McKane, 3 AD2d 764 ; Slavin v Whispell, 5 AD2d 296). | 1 | 1985–1985 |
Slavin v. Whispell
green
1 sentence1985Although Con Edison’s demand for a change of venue was timely made (Boro Kitchen Cabinets v Spalt, 9 AD2d 925 ; Penniman v Fuller & Warren Co., 133 NY 442 ), Con Edison’s motion to change venue must fall because, all things being equal, venue may remain where the transaction arose (Bernstein v McKane, 3 AD2d 764 ; Slavin v Whispell, 5 AD2d 296). | 1 | 1985–1985 |
Boro Kitchen Cabinets, Inc. v. Spalt
neutral
1 sentence1985Although Con Edison’s demand for a change of venue was timely made (Boro Kitchen Cabinets v Spalt, 9 AD2d 925 ; Penniman v Fuller & Warren Co., 133 NY 442 ), Con Edison’s motion to change venue must fall because, all things being equal, venue may remain where the transaction arose (Bernstein v McKane, 3 AD2d 764 ; Slavin v Whispell, 5 AD2d 296). | 1 | 1985–1985 |
Burns Jackson Miller Summit & Spitzer v. Lindner
green
1 sentence1984(Cf. Burns Jackson Miller Summit & Spitzer v Lindner, 59 NY2d 314, 334-335 ). | 1 | 1984–1984 |