Topic: there is no genuine dispute as to any material fact and the… · Go Syfert
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Topic #5107

11 canonical passages across 8 cases, quoted by 98 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from Radwan v. Manuel.

#Case FlagCanonical passage Citers
1 Radwan v. Manuel Anchor
ca2 · 2022
green “there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” 22
2 Nussbaum v. Metro-North Commuter Railroad
ca2 · 2015
green “actual notice requires that a defendant receive complaints or similarly be alerted to the existence of the dangerous condition.” 12
3 Borley v. United States
ca2 · 2021
green “under new york law, a tort plaintiff seeking to prove a defendant's negligence must show: '(1) the existence of a duty on defendant's part as to plaintiff; (2) a breach of this duty; and (3) injury to the plaintiff as a result thereof.” 10
4 Nussbaum v. Metro-North Commuter Railroad
ca2 · 2015
green “to prove liability based on constructive notice, the danger must have been 'visible and apparent and it must exist for a sufficient length of time prior to the accident to permit the defendant to discover and remedy it.” 9
5 Sarkees v. E. I. DuPont De Nemours and Co.
ca2 · 2021
green “in a diversity of citizenship case, state law, here new york's, applies to substantive issues, and federal law applies to procedural issues.” 9
6 Borley v. United States
ca2 · 2021
green “in slip-and-fall cases, . . . to show a 'breach of duty,' a plaintiff must show that a defendant either created the dangerous condition or had actual or constructive notice of the condition and its dangerousness.” 9
7 Tenay v. Culinary Teachers Ass'n of Hyde Park
ca2 · 2008
green “to succeed on a premises liability claim alleging any injury caused by a defective condition, the plaintiff must demonstrate 'that the defendant either created the defective condition, or had actual or constructive notice thereof for such a period of time that, in the exercise o…” 8
8 MVB Collision, Inc. v. Allstate Insurance
nyappdiv · 2015
green “to state a claim for negligence under new york law, a plaintiff 'must establish the existence of a legal duty, a breach of that duty, proximate causation, and damages.” 7
9 Tenay v. Culinary Teachers Ass'n of Hyde Park
ca2 · 2008
green “the district court did not err in relying on the plaintiff's failure to adduce evidence regarding the elements of his negligence claim” 5
10 Lionel v. Target Corp.
nyed · 2014
green “in cases where the nonmovant will bear the ultimate burden of proof at trial on an issue, the moving party's burden under rule 56 of the federal rules of civil procedure will be satisfied if he can point to an absence of evidence to support an essential element of the nonmoving …” 4
11 Covington Specialty Ins. Co. v. Indian Lookout Country Club, Inc.
ca2 · 2023
green “since the district court was sitting in diversity, it was bound to apply the substantive law of the forum state - here, new york” 3

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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