Search for: "Grant v New York City Tr. Auth."
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17 Apr 2010, 2:38 am
In sum, the plaintiffs version of the events was "manifestly untrue, physically impossible, or contrary to common experience, and such testimony should be disregarded as being without evidentiary value" (Cruz v New York City Tr. [read post]
29 Jan 2025, 6:00 am
at 128, citing Fetahu v New Jersey Tr. [read post]
29 Jan 2025, 6:00 am
at 128, citing Fetahu v New Jersey Tr. [read post]
14 Nov 2017, 4:25 am
Solutions, Inc. v Glass, 17 AD3d 427, 427-428; Retina Assoc. of Long Is. v Rosberger, 299 AD2d 533; New York City Tr. [read post]
21 Mar 2011, 5:27 am
New York City Transit Auth., 333 F.3d 74, 80 (2d Cir.2003) (alteration in original) (internal quotation marks omitted). [read post]
20 Feb 2009, 3:43 am
Co. (46 AD3d 1290, 1291-1292, lv granted 10 NY3d 717) and New York & Presbyt. [read post]
9 Sep 2019, 4:13 am
Church of Hempstead, 93 AD3d 839, 840 [2012]; Weller v Paul, 91 AD3d 945, 947 [2012]; Mazzella v City of New York, 72 AD3d 755, 756 [2010]). [read post]
6 May 2024, 3:32 am
Under New York law, a testifying expert can rely on hearsay as a basis for his opinion only where (1) the out-of-court material is of a kind accepted in the profession as reliable as a basis in forming a professional opinion, and (2) there is evidence presented establishing the reliability of the out-of-court material referred to by the witness (Hambsch v New York City Tr. [read post]
9 Apr 2024, 7:03 am
New York City Off. of Mgt. [read post]
4 Oct 2009, 10:06 am
"Once this showing has been made . . . the burden shifts to the party opposing the motion for summary judgment to produce evidentiary proof in admissible form sufficient to establish the existence of material issues of fact which require a trial of the action" (id.; see Zuckerman v City of New York, 49 NY2d 557, 562). [read post]
4 Oct 2009, 10:06 am
"Once this showing has been made . . . the burden shifts to the party opposing the motion for summary judgment to produce evidentiary proof in admissible form sufficient to establish the existence of material issues of fact which require a trial of the action" (id.; see Zuckerman v City of New York, 49 NY2d 557, 562). [read post]
12 Sep 2018, 4:28 am
Church of Hempstead, 93 AD3d 839, 840; Weller v Paul, 91 AD3d 945, 947; Mazzella v City of New York, 72 AD3d 755, 756). [read post]