511 West 232nd Owners Corp. v. Jennifer Realty Co.
98 N.Y.2d 144 (N.Y. 2002) Cited 2,082 times 2 Legal AnalysesHolding that the plaintiffs sufficiently pled a breach of the implied covenant of good faith and fair dealing by alleging that the defendant, which contracted to convert its building into a cooperative, rejected bona fide purchase offers from prospective tenants
Sillman v. Twentieth Century-Fox
3 N.Y.2d 395 (N.Y. 1957) Cited 5,995 times 2 Legal AnalysesFinding that provision prohibited assignments when the provision stated, in part, that "neither party hereto shall assign this agreement . . . without the prior written consent of the other party," and "that [defendant] shall not be required to recognize any assignments; and that if [defendant] shall receive notice of the existence of any assignment, it shall have the right to withhold payments until the assignment is cancelled or withdrawn"
Negri v. Stop and Shop, Inc.
65 N.Y.2d 625 (N.Y. 1985) Cited 679 timesHolding that circumstantial evidence that broken jars of baby food were on the floor for fifteen to twenty minutes tended to show that supermarket had constructive notice of the dangerous condition
150 Broadway Assoc. v. Bodner
14 A.D.3d 1 (N.Y. App. Div. 2004) Cited 299 timesDismissing action pursuant to CPLR 3211 where the terms of the contract unambiguously contradicted the allegations supporting plaintiff's breach of contract claim, "regardless of any extrinsic evidence or self-serving allegations offered by the proponent of the claim"
Phillips v. Kantor Co.
31 N.Y.2d 307 (N.Y. 1972) Cited 613 timesIndicating that Dead Man's Statute would render interested party's deposition testimony inadmissible at trial
Holy Props. v. Cole Prods
87 N.Y.2d 130 (N.Y. 1995) Cited 237 timesHolding tenant liable for all monetary obligations arising under the lease, where the lease expressly provided that landlord was under no duty to mitigate damages upon defendant's abandonment of the premises or eviction
Sutton v. East River Savings Bank
55 N.Y.2d 550 (N.Y. 1982) Cited 337 timesExplaining that when interpreting a contract, "the aim is a practical interpretation of the expression of the parties to the end that there be a realization of their reasonable expectations"
Henderson v. City of New York
178 A.D.2d 129 (N.Y. App. Div. 1991) Cited 255 timesDecember 3, 1991 Appeal from the Supreme Court, New York County (Leland DeGrasse, J.). On or about July 17, 1986, in the vicinity of 40 Maiden Lane, New York County, Mr. Greg Henderson, twenty years of age, an employee of Consolidated Edison, was using a pneumatic drill (jackhammer), to enlarge an excavation beneath the roadway, to expose a steam leak. Suddenly that drill struck a live 13,500 volt electric main feeder cable, and the resulting explosion allegedly caused serious injuries to various
Evans v. Famous Music Corp.
1 N.Y.3d 452 (N.Y. 2004) Cited 178 timesHolding that contract provision stating that plaintiff songwriters were entitled to a percentage of "all net sums actually received" by defendant music publishing company, after deduction of certain taxes and expenses, did not obligate defendant "to make payments to the songwriters in the event that foreign tax credit proved beneficial" to defendant
Two Guys v. S.F.R. Realty Associates
63 N.Y.2d 396 (N.Y. 1984) Cited 288 timesRecognizing that New York courts interpreting contracts should "avoid an interpretation that would leave contractual clauses meaningless"