61 Cited authorities

  1. Semtek International Inc. v. Lockheed Martin Corp.

    531 U.S. 497 (2001)   Cited 1,355 times   3 Legal Analyses
    Holding that the "claim-preclusive effect" of a previous decision by a federal court sitting in diversity is governed by "the law that would be applied by state courts in the State in which the federal diversity court sits"
  2. Misicki v. Caradonna

    2009 N.Y. Slip Op. 3764 (N.Y. 2009)   Cited 597 times
    Holding that 12 N.Y.C.R.R. § 23-9.2 imposes a nondelegable duty to make "necessary repairs or replacement" upon discovery of any unsafe condition
  3. Parker v. Blauvelt Volunteer Fire Company, Inc.

    93 N.Y.2d 343 (N.Y. 1999)   Cited 798 times
    Holding that "the termination of the prior article 78 proceeding on the merits was not res judicata as to the section 1983 damage claims" and noting that "res judicata is inapplicable where the plaintiff ‘was unable to ... seek a certain remedy or form of relief in the first action because of the limitations on the subject matter jurisdiction of the courts or restrictions on their authority to entertain ... multiple remedies or forms of relief in a single action, and the plaintiff desires in the second action ... to seek that remedy or form of relief’ " (quoting Restatement (Second) of Judgments § 26(c) )
  4. In the Matter of Hunter

    4 N.Y.3d 260 (N.Y. 2005)   Cited 525 times
    Concluding that res judicata barred petitioner's claim against executor of estate where prior Surrogate's Court's decree had released executor from all further liability as to matters embraced in the decree, including petitioner's claim
  5. Robinson v. Robinson

    303 A.D.2d 234 (N.Y. App. Div. 2003)   Cited 275 times
    Dismissing complaint where documentary evidence made clear that defendant had no obligation to plaintiff that could have been breached
  6. Soumayah v. Minnelli

    41 A.D.3d 390 (N.Y. App. Div. 2007)   Cited 157 times
    Holding that the "plaintiff's allegations that he was informed that [defendant] could no longer afford to pay plaintiff his full salary, that his pay was going to be halved and that two other individuals were going to assume functions that he previously performed indicate that [defendant] did not accept additional services and that plaintiff had no reasonable expectation of compensation for those services"
  7. Israel v. Wood Dolson Co.

    1 N.Y.2d 116 (N.Y. 1956)   Cited 467 times
    Explaining that a tortious interference with contract claim fails if the breach of the contract upon which that claim is based is not proven
  8. UBS Securities LLC v. Highland Capital Management, L.P.

    86 A.D.3d 469 (N.Y. App. Div. 2011)   Cited 77 times   2 Legal Analyses
    Holding that "to the extent the claims against [defendant] in the new complaint implicate events alleged to have taken place before the filing of the original complaint, res judicata applies"
  9. Baker v. Health Management Systems

    98 N.Y.2d 80 (N.Y. 2002)   Cited 96 times   2 Legal Analyses
    Denying recovery of attorneys' fees for litigation necessary to obtain indemnification
  10. Harris v. Steinem

    571 F.2d 119 (2d Cir. 1978)   Cited 179 times
    Finding that a counterclaim for defamation based on the filing of the initial complaint is not a compulsory counterclaim despite common issues of law and fact
  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 156,008 times   193 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  12. Rule 41 - Dismissal of Actions

    Fed. R. Civ. P. 41   Cited 107,887 times   195 Legal Analyses
    Holding that such dismissal "operates as an adjudication on the merits"
  13. Section R3211 - Motion to dismiss

    N.Y. C.P.L.R. § 3211   Cited 38,082 times   3 Legal Analyses
    Granting dismissal where a defense is based upon documentary evidence
  14. Rule 13 - Counterclaim and Crossclaim

    Fed. R. Civ. P. 13   Cited 4,916 times   21 Legal Analyses
    Determining whether counterclaims are compulsory
  15. Section 2072 - Rules of procedure and evidence; power to prescribe

    28 U.S.C. § 2072   Cited 1,802 times   37 Legal Analyses
    Granting the Supreme Court, not the parties, authority to "prescribe general rules of practice and procedure" for federal district court cases
  16. Section 3011 - Kinds of pleadings

    N.Y. CPLR 3011   Cited 278 times
    Itemizing types of pleadings
  17. Section 500.1 - General requirements

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.1   Cited 1 times

    (a) All papers shall comply with applicable statutes and rules, particularly the signing requirement of section 130-1.1 -a of this Title. (b) Papers filed. Papers filed means briefs, papers submitted pursuant to sections 500.10 and 500.11 of this Part, motion papers, records and appendices. (c) Method of reproduction. All papers filed may be reproduced by any method that produces a permanent, legible, black image on white paper. Reproduction on both sides of the paper is encouraged. (d) Designation