§Why CasetextPricing

Paul Marinaccio, Sr., Respondent,v.Town of Clarence, Defendant, Kieffer Enterprises, Inc., Appellant.

Brief

47 Cited authorities

  1. N Y Univ v. Continental Ins Co.

    87 N.Y.2d 308 (N.Y. 1995)   Cited 1,900 times   5 Legal Analyses
    Holding that allegations Of breach of contract "and any covenants implied" do not sound in fraud

  2. Rocanova v. Equitable Life

    83 N.Y.2d 603 (N.Y. 1994)   Cited 972 times   1 Legal Analyses
    Holding "[p]unitive damages are not recoverable for an ordinary breach of contract"

  3. Ross v. Louise Wise Services

    2007 N.Y. Slip Op. 3793 (N.Y. 2007)   Cited 604 times   1 Legal Analyses
    Holding that it would not be appropriate to punish an adoption agency for its 1960's era policy of not disclosing adopted children's mental health records in part because mental health professionals of that era "thought that mental illness could be avoided if a child were placed in a loving environment and that disclosure of birth parents' emotional disturbances would negatively affect the child's bonding with the adoptive parents"

  4. Mirand v. City of New York

    84 N.Y.2d 44 (N.Y. 1994)   Cited 865 times
    Examining a jury verdict to assess whether it was irrational

  5. Prozeralik v. Capital Cities

    82 N.Y.2d 466 (N.Y. 1993)   Cited 220 times
    Holding in defamation action that an award of punitive damages requires "circumstances of aggravation or outrage, such as spite or malice, or a fraudulent or evil motive on the part of the defendant, or such a conscious and deliberate disregard of the interests of others that the conduct may be called willful or wanton"

  6. Sharapata v. Town of Islip

    56 N.Y.2d 332 (N.Y. 1982)   Cited 274 times
    Holding that state and political subdivisions are not subject to punitive damages

  7. Witter v. Taggart

    78 N.Y.2d 234 (N.Y. 1991)   Cited 133 times
    In Witter, the common owner conveyed the dominant estate in a deed that contained an encumbrance that burdened the servient estate, which the common owner retained.

  8. Laurie Marie M v. Jeffrey T M

    159 A.D.2d 52 (N.Y. App. Div. 1990)   Cited 93 times   2 Legal Analyses
    Finding from prior proceeding that defendant was guilty of sexual abuse in the second degree pursuant to Penal Law § 130.60 was proper basis for granting plaintiff judgment as a matter of law on her battery cause of action

  9. Synagogue v. Schuele Paint Co., Inc.

    30 A.D.3d 1055 (N.Y. App. Div. 2006)   Cited 44 times

    CA 05-01214. June 9, 2006. Appeal from an order of the Supreme Court, Erie County (Joseph R. Glownia, J.), entered March 24, 2005. The order, insofar as appealed from, granted in part defendants' motion to compel plaintiff to respond fully to all interrogatories and discovery demands. RAICHLE BANNING WEISS, PLLC, BUFFALO (ARNOLD WEISS OF COUNSEL), FOR PLAINTIFF-APPELLANT. BARRY, MC TIERNAN MOORE, NEW YORK (KEVIN G. MAGUIRE OF COUNSEL), FOR DEFENDANTS-RESPONDENTS. Present: Hurlbutt, J.P., Scudder

  10. Colombini v. West-Chester Cty Healthcare Corp.

    24 A.D.3d 712 (N.Y. App. Div. 2005)   Cited 33 times
    Holding that manufacturer "established its entitlement to judgment as a matter of law" on punitive damages in part because it provided an instruction manual with warnings "in compliance with all applicable industry and regulatory standards"

  11. Section 202.7 - Calendaring of motions; uniform notice of motion form; affirmation of good faith

    N.Y. Comp. Codes R. & Regs. tit. 22 § 202.7   Cited 599 times   2 Legal Analyses
    Including a form notice of motion

  12. Section 500.1 - General requirements

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.1   Cited 1 times

    (a) All papers shall comply with applicable statutes and rules, particularly the signing requirement of section 130-1.1 -a of this Title. (b) Papers filed. Papers filed means briefs, papers submitted pursuant to sections 500.10 and 500.11 of this Part, motion papers, records and appendices. (c) Method of reproduction. All papers filed may be reproduced by any method that produces a permanent, legible, black image on white paper. Reproduction on both sides of the paper is encouraged. (d) Designation