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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

15 Cited authorities

  1. Clark-Fitzpatrick, Inc. v. Long Island Rail Road

    70 N.Y.2d 382 (N.Y. 1987)   Cited 2,924 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."

  2. 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

  3. 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"

  4. Grandon v. Merrill Lynch and Co., Inc.

    95 Civ. 10742 (SWK) (S.D.N.Y. Jul. 18, 2001)   Cited 55 times

    95 Civ. 10742 (SWK) July 18, 2001 APPEARANCES: For Plaintiffs: Lovell Stewart, LLP, New York, New York, By: Christopher Lovell; Jonathan Kord Lagemann, Esq., New York, New York For Defendants: Sidley Austin Brown Wood, New York, New York, By: A. Robert Pietrzak MEMORANDUM OPINION AND ORDER SHIRLEY WOHL KRAM, U.S.D.J. Before the Court is Defendants' motion (the "Motion"); pursuant to Federal Rules of Civil Procedure 12(b)(1), 12(b)(6) and 9(b), to dismiss the second amended class action complaint

  5. Faltynowicz v. Battery Park City Auth. (In re World Trade Ctr. Lower Manhattan Disaster Site Litig.)

    846 F.3d 58 (2d Cir. 2017)   Cited 17 times
    Noting that "neither party has cited to us, nor have we found, any case in which any New York state court has struck down any statute reviving expired claims"

  6. Grace Co. v. Univ Constr Fund

    44 N.Y.2d 84 (N.Y. 1978)   Cited 60 times
    Holding that public authority was not a political subdivision and therefore not subject to statutes providing economic relief to state agencies

  7. World Trade Ctr. Lower Manhattan Disaster Site Litig. Angel Avila v. Professionals

    66 F. Supp. 3d 466 (S.D.N.Y. 2014)   Cited 6 times
    Describing revival statutes as applicable "only in limited circumstances," where "serious injustice" might otherwise result

  8. Black Riv. Reg. Dist. v. Adirondack League Club

    307 N.Y. 475 (N.Y. 1954)   Cited 55 times
    Applying intervening legislative enactment

  9. Gallewski v. Hentz Co.

    301 N.Y. 164 (N.Y. 1950)   Cited 50 times
    Upholding a statute that retroactively tolled the statute of limitations for the period during which the plaintiff's country was under German occupation during World War II

  10. Robinson v. Robins Dry Dock Repair Co.

    238 N.Y. 271 (N.Y. 1924)   Cited 86 times
    Rejecting a due process challenge to statute that revised claims in response to a U.S. Supreme Court decision

  11. Section 50-E - Notice of claim

    N.Y. Gen. Mun. Law § 50-E   Cited 4,859 times   2 Legal Analyses
    Providing that an application for leave to serve a late notice of claim shall be made to “the supreme court or to the county court”

  12. Section 50-I - Presentation of tort claims; commencement of actions

    N.Y. Gen. Mun. Law § 50-I   Cited 1,444 times
    Noting that "it shall appear by and as an allegation in the complaint or moving papers that at least thirty days have elapsed since the service of such notice ... and that adjustment or payment thereof has been neglected or refused"

  13. 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"

  14. Section 66 - Definitions

    N.Y. Gen. Constr. Law § 66   Cited 104 times
    Defining various types of corporations that may exist under state law

  15. Section 1970 - Short title

    N.Y. Pub. Auth. Law § 1970

    This title shall be known and may be cited as the "battery park city authority act". N.Y. Pub. Auth. Law § 1970