§Why CasetextPricing

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

Brief

30 Cited authorities

  1. Leon v. Martinez

    84 N.Y.2d 83 (N.Y. 1994)   Cited 9,582 times   4 Legal Analyses
    Holding that the allegations in the complaint and the supporting affidavits were adequate to withstand a motion to dismiss

  2. Greenfield v. Philles Records

    98 N.Y.2d 562 (N.Y. 2002)   Cited 1,908 times   2 Legal Analyses
    Holding a "written agreement that is complete, clear and unambiguous on its face must be enforced according to the plain meaning of its terms"

  3. Guggenheimer v. Ginzburg

    43 N.Y.2d 268 (N.Y. 1977)   Cited 4,056 times   2 Legal Analyses
    Reversing grant of motion to dismiss

  4. Goldman v. Metropolitan Life

    2005 N.Y. Slip Op. 8846 (N.Y. 2005)   Cited 655 times
    Holding that "there was no unjust enrichment because the matter is controlled by contract"

  5. Simkin v. Blank

    2012 N.Y. Slip Op. 2413 (N.Y. 2012)   Cited 387 times
    Declining to reform marital settlement agreement under theory of mutual mistake or order restitution for unjust enrichment where complaining spouse received BLMIS account, now worth significantly less than believed at the time of the agreement

  6. Maas v. Cornell University

    94 N.Y.2d 87 (N.Y. 1999)   Cited 562 times
    Holding that Cornell's failure to follow its internal policies and procedures did not provide basis for breach of contract claim

  7. Biondi v. Beekman Hill House Apartment Corp.

    257 A.D.2d 76 (N.Y. App. Div. 1999)   Cited 565 times
    Holding that although a summary judgment motion presumes the facts to be true and accorded every favorable inference, allegations consisting of bare legal conclusions, as well as factual claims either inherently incredible or flatly contradicted by documentary evidence, are not entitled to such consideration

  8. Kass v. Kass

    91 N.Y.2d 554 (N.Y. 1998)   Cited 551 times
    Holding that the parties’ agreement controlled

  9. Biondi v. Beekman Hill House Apartment

    94 N.Y.2d 659 (N.Y. 2000)   Cited 460 times
    Holding that nothing in the plaintiff's conduct could be construed as “being undertaken in good faith, for a purpose ‘reasonably believed’ to be in the best interests of [the defendant]” where the plaintiff intentionally denied a sublease application on the basis of race and “knowingly exposed” the defendant to liability under the civil rights laws

  10. Held v. Kaufman

    91 N.Y.2d 425 (N.Y. 1998)   Cited 350 times
    Finding that additional grounds for dismissal raised in a reply affidavit did not violate the single-motion rule where the arguments could not have been raised earlier due to the "indefiniteness" of plaintiff's initial complaint