In the Matter of World Trade Center Lower Manhattan Disaster Site Litigation.---------------------------------Stanislaw Faltynowicz, et al., Appellants, State of New York, Intervenor-Appellant,v.Battery Park City Authority, et al., Respondents.---------------------------------Santiago Alvear, Appellant, State of New York, Intervenor-Appellant, v. Battery Park City Authority, Respondent.---------------------------------Peter Curley et al., Appellants, State of New York, Intervenor-Appellant, v. Battery Park City Authority, Respondent.

Brief

57 Cited authorities

Clark-Fitzpatrick, Inc. v. Long Island Rail Road
70 N.Y.2d 382 (N.Y. 1987) Cited 2,928 times 1 Legal Analyses
Holding that, where plaintiff alleged that defendant failed to exercise "due care" in the design of a railroad project, plaintiff's negligence allegations were "merely a restatement, albeit in slightly different language, of the 'implied' contractual obligations asserted in the cause of action for breach of contract. Moreover, the damages plaintiff allegedly sustained as a consequence of defendant's violation of a 'duty of due care' in designing the project were clearly within contemplation of the written agreement."
Chase Securities Corp. v. Donaldson
325 U.S. 304 (1945) Cited 612 times
Holding that the lapse of a limitations period does not provide a party defendant with a vested right in immunity from suit
Lombardi v. Whitman
485 F.3d 73 (2d Cir. 2007) Cited 217 times
Holding that officials’ allegedly false reassurances as to air safety in lower Manhattan after 9/11 attack did not shock the conscience
People v. Hobson
39 N.Y.2d 479 (N.Y. 1976) Cited 458 times
Finding constitutional prohibition against use of statements taken without notice to defense counsel, buttressing suppression and reversal with discussion of DR 7-104 violation
Wetherill v. Eli Lilly & Co.
89 N.Y.2d 506 (N.Y. 1997) Cited 169 times
Holding that " CPLR § 214–c's reference to ‘discovery of the injury’ was intended to mean discovery of the condition on which the claim was based and nothing more"
Hymowitz v. Lilly Co.
73 N.Y.2d 487 (N.Y. 1989) Cited 206 times 2 Legal Analyses
Holding that relaxation of the traditional product identification requirement in tort law to provide a forum to innocent victims of the drug DES was not a "clearly excessive" burden "in relation to the putative local benefits" and, hence, was not violative of the Commerce Clause
In re Agent Orange Product Liability Litigation
597 F. Supp. 740 (E.D.N.Y. 1984) Cited 191 times 9 Legal Analyses
Holding that information will be considered known to a government agency "if there is some relationship between [the two] agencies — either some reason for the agency without knowledge to seek the information or a reason for the knowledgeable agency to transmit the information"
Trenton v. New Jersey
262 U.S. 182 (1923) Cited 365 times
Holding that a municipality acts as an agent of the state in exercising the powers delegated to it by the state
City of New York v. State
86 N.Y.2d 286 (N.Y. 1995) Cited 112 times
Observing "extreme reluctance of courts to intrude in the political relationships between the Legislature, the State and its governmental subdivisions"
In re Goldstein
2009 N.Y. Slip Op. 8677 (N.Y. 2009) Cited 68 times
Holding that a state court may toll the statute of limitations and allow the refilling of a state Article 78 proceeding where the federal cause of action was dismissed on curable grounds
Section 1291 - Final decisions of district courts
28 U.S.C. § 1291 Cited 88,615 times 138 Legal Analyses
Granting jurisdiction to the courts of appeals from final decisions of federal district courts "except where a direct review may be had in the Supreme Court"
Section 40101 - Policy
49 U.S.C. § 40101 Cited 559 times 20 Legal Analyses
Finding that "providing assistance to law enforcement agencies in the enforcement of laws related to regulation of controlled substances" is "in the public interest"

57 Cited authorities

Holding that the lapse of a limitations period does not provide a party defendant with a vested right in immunity from suit

Holding that officials’ allegedly false reassurances as to air safety in lower Manhattan after 9/11 attack did not shock the conscience

Finding constitutional prohibition against use of statements taken without notice to defense counsel, buttressing suppression and reversal with discussion of DR 7-104 violation

Holding that " CPLR § 214–c's reference to ‘discovery of the injury’ was intended to mean discovery of the condition on which the claim was based and nothing more"

Holding that relaxation of the traditional product identification requirement in tort law to provide a forum to innocent victims of the drug DES was not a "clearly excessive" burden "in relation to the putative local benefits" and, hence, was not violative of the Commerce Clause

Holding that information will be considered known to a government agency "if there is some relationship between [the two] agencies — either some reason for the agency without knowledge to seek the information or a reason for the knowledgeable agency to transmit the information"

Holding that a municipality acts as an agent of the state in exercising the powers delegated to it by the state

Observing "extreme reluctance of courts to intrude in the political relationships between the Legislature, the State and its governmental subdivisions"

Holding that a state court may toll the statute of limitations and allow the refilling of a state Article 78 proceeding where the federal cause of action was dismissed on curable grounds

Granting jurisdiction to the courts of appeals from final decisions of federal district courts "except where a direct review may be had in the Supreme Court"

Finding that "providing assistance to law enforcement agencies in the enforcement of laws related to regulation of controlled substances" is "in the public interest"