21 Cited authorities

  1. Zuckerman v. City of N.Y

    49 N.Y.2d 557 (N.Y. 1980)   Cited 20,464 times   1 Legal Analyses
    Granting summary judgment as the city's arguments were considered speculation and this was "patently inadequate to establish the existence of a factual issue requiring a trial . . ."
  2. Winegrad v. N.Y. Univ. Medical Center

    64 N.Y.2d 851 (N.Y. 1985)   Cited 12,920 times   1 Legal Analyses
    Reversing the motion court's order granting the defendants' cross-motion for summary judgment where they failed to demonstrate, with admissible proof, that the claims against them should be dismissed
  3. Capelin Assoc. v. Globe Mfg. Corp.

    34 N.Y.2d 338 (N.Y. 1974)   Cited 1,287 times
    Holding that "[o]n a motion for summary judgment the court is not to determine credibility, but whether there exists a factual issue, or if arguably there is a genuine issue of fact"
  4. State Street Bank v. Inversiones Errazuriz

    374 F.3d 158 (2d Cir. 2004)   Cited 396 times   1 Legal Analyses
    Holding that a bank did not act arbitrarily or irrationally when conditioning its consent to a debtor's asset sale "on the receipt of additional collateral and economic benefits to which the bank was not entitled under the [contract]"
  5. Negri v. Stop and Shop, Inc.

    65 N.Y.2d 625 (N.Y. 1985)   Cited 613 times
    Holding that circumstantial evidence that broken jars of baby food were on the floor for fifteen to twenty minutes tended to show that supermarket had constructive notice of the dangerous condition
  6. Medinol Ltd. v. Boston Scientific Corp.

    346 F. Supp. 2d 575 (S.D.N.Y. 2004)   Cited 60 times
    Holding that comprehensive nature of representations and covenants of supply agreement was inconsistent with tort of misappropriation of trade secrets
  7. Putnam Ladder Co. v. Hanover

    546 N.E.2d 904 (N.Y. 1989)   Cited 76 times
    Rejecting the use of comparative negligence under U.C.C. § 4-406
  8. Louniakov v. M.R.O.D. Corp.

    724 N.Y.S.2d 70 (N.Y. App. Div. 2001)   Cited 48 times

    April 23, 2001. In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Kings County, dated January 27, 2000, which granted the motion of the defendant M.R.O.D. Realty Corp. for summary judgment dismissing the complaint. Before: Ritter, J.P., Santucci, Goldstein and Crane, JJ., concur. Garry, J. Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated. The plaintiff Yevgeny Louniakov

  9. Monreal v. Fleet Bank

    95 N.Y.2d 204 (N.Y. 2000)   Cited 47 times
    Applying UCC
  10. Robinson Motor Xpress, Inc. v. HSBC Bank, USA

    826 N.Y.S.2d 350 (N.Y. App. Div. 2006)   Cited 35 times
    In Robinson, an account agreement provided that the statements would be mailed to the address provided on the signature card unless that address was subsequently changed by a document executed by an authorized signatory.