§Why CasetextPricing

Paul M. Ellington, Appellant,v.EMI Music, Inc., et al., Defendants, EMI Mills Music, Inc., Respondent.

Brief

19 Cited authorities

  1. Leon v. Martinez

    84 N.Y.2d 83 (N.Y. 1994)   Cited 9,588 times   4 Legal Analyses
    Holding that the allegations in the complaint and the supporting affidavits were adequate to withstand a motion to dismiss

  2. Goshen v. Mut. Life Ins. Co. of New York

    98 N.Y.2d 314 (N.Y. 2002)   Cited 3,361 times   1 Legal Analyses
    Holding that disclaimers "do not establish a defense as a matter of law"

  3. 511 West 232nd Owners Corp. v. Jennifer Realty Co.

    98 N.Y.2d 144 (N.Y. 2002)   Cited 2,076 times   1 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

  4. Dalton v. Educ. Testing Serv

    87 N.Y.2d 384 (N.Y. 1995)   Cited 880 times   3 Legal Analyses
    Holding that defendant testing service breached the implied covenant by ignoring evidence it invited the plaintiff to submit

  5. Skillgames v. Brody

    1 A.D.3d 247 (N.Y. App. Div. 2003)   Cited 471 times
    Upholding dismissal of related claim of breach of the implied covenant of good faith and fair dealing

  6. Tractebel Energy Marketing, Inc. v. AEP Power Marketing, Inc.

    487 F.3d 89 (2d Cir. 2007)   Cited 365 times
    Holding that motive is relevant under New York law, as well

  7. VKK Corp. v. National Football League

    244 F.3d 114 (2d Cir. 2001)   Cited 301 times   1 Legal Analyses
    Holding that district court abused its discretion by not permitting amendment to add party as a defendant

  8. Sutton v. East River Savings Bank

    55 N.Y.2d 550 (N.Y. 1982)   Cited 337 times
    Explaining 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"

  9. Granite Partners, L.P. v. Bear, Stearns Co. Inc.

    17 F. Supp. 2d 275 (S.D.N.Y. 1998)   Cited 170 times
    Holding that breach of fiduciary duty claims in the securities context are preempted by the Martin Act

  10. Sigurd v. Bridge

    52 A.D.3d 265 (N.Y. App. Div. 2008)   Cited 86 times   2 Legal Analyses
    Holding that where a party re-read only those sections he was told changed prior to signing the agreement, he would be bound