15 Cited authorities

  1. 511 West 232nd Owners Corp. v. Jennifer Realty Co.

    98 N.Y.2d 144 (N.Y. 2002)   Cited 2,077 times   2 Legal Analyses
    Holding 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
  2. Peckham v. Calogero

    2009 N.Y. Slip Op. 3585 (N.Y. 2009)   Cited 514 times
    In Peckham v Calogero (12 NY3d 424 [2009]) the Court of Appeals upheld the determination of the State Division of Housing and Community Renewal (DHCR), which granted a landlord's application to refuse renewal of its tenant's lease.
  3. Matter of Berenhaus v. Ward

    70 N.Y.2d 436 (N.Y. 1987)   Cited 880 times
    Holding that it is axiomatic that credibility determinations are best made by the person who actually sees and hears the witness, as the courts are "disadvantaged . . . because their review is confined to a lifeless record."
  4. Lackow v. Department of Education

    51 A.D.3d 563 (N.Y. App. Div. 2008)   Cited 263 times
    Deciding Article 75 petition to vacate a § 3020-a hearing decision
  5. Graubard Mollen v. Moskovitz

    86 N.Y.2d 112 (N.Y. 1995)   Cited 193 times
    Holding that fraud claim could survive summary judgment because "a false statement of intention is sufficient to support an action for fraud, even where that statement relates to an agreement between the parties"
  6. City Sch. Dist. of the New York v. McGraham

    2011 N.Y. Slip Op. 8228 (N.Y. 2011)   Cited 107 times

    2011-11-17 CITY SCHOOL DISTRICT OF the CITY OF NEW YORK, Appellant, v. Colleen McGRAHAM, Respondent. Michael A. Cardozo, Corporation Counsel, New York City (Stephen J. McGrath, Cheryl Payer and Leonard Koerner of counsel), for appellant. Maria Elena Gonzalez, New York City, and Richard E. Casagrande for respondent. Michael A. Cardozo, Corporation Counsel, New York City (Stephen J. McGrath, Cheryl Payer and Leonard Koerner of counsel), for appellant. Maria Elena Gonzalez, New York City, and Richard

  7. Motor Vehicle Mfrs. v. State

    75 N.Y.2d 175 (N.Y. 1990)   Cited 159 times
    Holding that New York's lemon law is a breach of contract action, where the replacement remedy is analogous to the equitable remedy of specific performance and the refund remedy is the equivalent of an action for rescission, in the context of whether or not a lemon law action invokes the right to trial by jury
  8. Bingham v. New York City Transit Auth.

    99 N.Y.2d 355 (N.Y. 2003)   Cited 75 times

    13 Argued January 14, 2003. Decided February 20, 2003. APPEAL, by permission of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the First Judicial Department, entered October 30, 2001, which affirmed an order of the Supreme Court (Robert Lippmann, J.), entered in New York County, granting a motion by defendants for summary judgment dismissing the complaint. Constantine P. Kokkoris, for appellant. Lawrence Heisler, for respondents. Judges Smith, Ciparick, Wesley

  9. Cipollaro v. New York City Department of Education

    83 A.D.3d 543 (N.Y. App. Div. 2011)   Cited 32 times
    In Cipollaro v New York City Dept. of Educ., 83 AD3d 543 (1st Dep't. 2011), a teacher's termination was upheld because the Hearing Officer found that the teacher had "knowingly defrauded respondent of $98,000 over a two-year period by enrolling two of her children in New York City public schools when she and her family lived in Westchester County..."
  10. Schaubman v. Blum

    49 N.Y.2d 375 (N.Y. 1980)   Cited 73 times
    Referring to DSS-provider relationship as "contractual" in nature