38 Cited authorities

  1. Community Bd. 7 v. Schaffer

    84 N.Y.2d 148 (N.Y. 1994)   Cited 212 times
    Finding such a stake where the defendant's breach of a covenant affected plaintiff's property interest
  2. Parsa v. State of New York

    64 N.Y.2d 143 (N.Y. 1984)   Cited 255 times
    Holding that "a contract implied in fact" is "a true contract based upon an implied promise" and therefore is subject to statutes governing governmental liability on contracts
  3. Graziano v. County of Albany

    3 N.Y.3d 475 (N.Y. 2004)   Cited 97 times

    146. Argued October 13, 2004. Decided November 30, 2004. Appeal, by permission of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the Third Judicial Department, entered October 30, 2003. The Appellate Division (1) reversed, on the law, a judgment, as amended, of the Supreme Court, Albany County (Louis C. Benza, J.; op 2003 NY Slip Op 51035[U]), entered in a combined proceeding pursuant to CPLR article 78 and action for declaratory judgment, which had denied respondents'

  4. City of New York v. State

    86 N.Y.2d 286 (N.Y. 1995)   Cited 101 times
    Observing "extreme reluctance of courts to intrude in the political relationships between the Legislature, the State and its governmental subdivisions"
  5. People v. Correa

    2010 N.Y. Slip Op. 4662 (N.Y. 2010)   Cited 64 times
    In People v Correa (supra, 15 NY3d at 224), the Court of Appeals noted the existence of this open question but did not decide it. As the undersigned sits in the Appellate Division, Second Department, the undersigned is obligated to follow the Dalliessi decision unless and until it is disclaimed by either the Second Department or the Court of Appeals (Summit Constr. Serv. Group, Inc. v Act Abatement, LLC, 34 Misc 3d 823 [Sup Ct, Westchester County 2011] [Scheinkman, J.]).
  6. Giglio v. Dunn

    732 F.2d 1133 (2d Cir. 1984)   Cited 136 times
    Holding that post-deprivation state court proceeding was all the process due to public employee complaining of government's "random or unauthorized acts" against him
  7. Morell v. Balasubramanian

    70 N.Y.2d 297 (N.Y. 1987)   Cited 111 times
    In Morell, the plaintiff's decedent was being treated in a State hospital by State — employed physicians during a hip replacement procedure.
  8. Town of Oyster Bay v. Kirkland

    2012 N.Y. Slip Op. 6988 (N.Y. 2012)   Cited 43 times

    2012-10-18 TOWN OF OYSTER BAY, Appellant, v. Galen D. KIRKLAND, as Commissioner of the New York State Division of Human Rights, et al., Respondents. Giaimo Associates, LLP, Kew Gardens (Joseph D. Giaimo of counsel), for appellant. Caroline J. Downey, General Counsel, Bronx (Michael K. Swirsky of counsel), for respondents. Giaimo Associates, LLP, Kew Gardens (Joseph D. Giaimo of counsel), for appellant. Caroline J. Downey, General Counsel, Bronx (Michael K. Swirsky of counsel), for respondents. OPINION

  9. Monreal v. Dept. Health

    38 A.D.3d 1118 (N.Y. App. Div. 2007)   Cited 49 times

    No. 501235. March 22, 2007. Appeal from an order of the Supreme Court (McNamara, J.), entered June 6, 2006 in Albany County, which, inter alia, granted defendants' motion to dismiss the complaint. F. Javier Monreal, Syracuse, appellant pro se. Andrew M. Cuomo, Attorney General, Albany (Victor Paladino of counsel), for respondents. Before; Mugglin, Rose, Lahtinen and Kane, JJ., concur. Crew III, J.P. Plaintiff, a physician who is the subject of an ongoing investigation by defendant Office of Professional

  10. Board of Education v. Nyquist

    57 N.Y.2d 27 (N.Y. 1982)   Cited 82 times
    Holding New York's school financing system does not violate the State or Federal Constitution