24 Cited authorities

  1. N Y Univ v. Continental Ins Co.

    87 N.Y.2d 308 (N.Y. 1995)   Cited 1,645 times   3 Legal Analyses
    Holding that allegations Of breach of contract "and any covenants implied" do not sound in fraud
  2. Cohen v. Hallmark Cards

    45 N.Y.2d 493 (N.Y. 1978)   Cited 1,814 times
    Reinstating jury's finding of liability on contract claim because there was a "rational basis" for the verdict
  3. Colombini v. West-Chester Cty Healthcare Corp.

    24 A.D.3d 712 (N.Y. App. Div. 2005)   Cited 29 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"
  4. Western New York Land Conservancy v. Cullen

    66 A.D.3d 1461 (N.Y. App. Div. 2009)   Cited 24 times

    No. CA 08-02034. October 2, 2009. Appeal and cross appeal from an order and judgment (one paper) of the Supreme Court, Erie County (John A. Michalek, J.), entered July 18, 2008 in a trespass action. The order and judgment, among other things, awarded judgment in favor of plaintiff and against defendants in the amount of $631,296.18. McGEE GELMAN, BUFFALO (MICHAEL R. MCGEE OF COUNSEL), FOR DEFENDANTS-APPELLANTS-RESPONDENTS. RUPP, BAASE, PFALZGRAF, CUNNINGHAM COPPOLA LLC, BUFFALO (R. ANTHONY RUPP,

  5. Harris v. Armstrong

    474 N.E.2d 1191 (N.Y. 1984)   Cited 61 times

    Argued November 12, 1984 Decided December 18, 1984 Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, Robert A. Contiguglia, J. Roger W. Avery for appellants. Lee S. Michaels and Robert K. Bergan for respondent. MEMORANDUM. The order of the Appellate Division should be affirmed, with costs. In our court appellant executors of the estate of Lessie Cool urge reversal on two grounds, namely, that the decision of the trial court setting aside the jury's verdict

  6. Welch v. Mr. Christmas

    57 N.Y.2d 143 (N.Y. 1982)   Cited 58 times
    In Welch, defendant advertising firm was held liable where it provided a commercial to its distributors, the distributors were to independently arrange to broadcast the commercial on television, and defendant failed to notify the distributors to no longer air the commercial when permission to use plaintiff actor's image expired.
  7. St. Hilaire v. White

    305 A.D.2d 209 (N.Y. App. Div. 2003)   Cited 22 times

    1118 May 13, 2003. Judgment, Supreme Court, Bronx County (Norma Ruiz, J. and a jury), entered on or about September 14, 2001, in an action for personal injuries sustained when plaintiff was struck by defendant's automobile, awarding plaintiff $10,000 for past pain and suffering and $10,000 for past lost earnings, and no damages for future pain and suffering or past and future medical expenses, or for plaintiff's wife's loss of consortium claim, unanimously affirmed, without costs. Shawn M. Alfano

  8. Longo v. Armor Elevator Co., Inc.

    307 A.D.2d 848 (N.Y. App. Div. 2003)   Cited 17 times

    1087, 1088, 1089 August 21, 2003. Order, Supreme Court, New York County (Louise Gruner Gans, J.), entered April 4, 2002, which, in actions for personal injuries sustained when an elevator in an office building owned by defendants-appellants (the Building defendants) allegedly dropped 20 floors, granted plaintiff's motion in Action No. 2 for disclosure sanctions only to the extent of resolving in her favor the issue of whether the Building defendants had notice of the alleged defective condition that

  9. Green Bus v. Cons. Ins. Co.

    74 A.D.2d 136 (N.Y. App. Div. 1980)   Cited 45 times

    April 14, 1980 Appeal from the Supreme Court, Queens County, MARTIN RODELL, J. Jerome Cooper (Douglas A. Cooper of counsel), for appellant. Mudge Rose Guthrie Alexander (John L. Altieri, Jr., Judah Gribetz and Donn A. Randall of counsel), for respondent. DAMIANI, J. This is a declaratory judgment action in which the plaintiff, Green Bus Lines, Inc. (hereinafter Green Bus), seeks a determination that the defendant Consolidated Mutual Insurance Company (hereinafter Consolidated or defendant) is obligated

  10. Smith v. D.L. Peterson Trust

    254 A.D.2d 479 (N.Y. App. Div. 1998)   Cited 15 times

    October 26, 1998 Appeal from the Supreme Court, Kings County (Garry, J.). Ordered that the order is modified by deleting the provision thereof granting the plaintiffs' motion for summary judgment and substituting therefor a provision denying the motion, and by deleting the provision thereof denying that branch of the appellant's cross motion which was for leave to amend its answer and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed, with

  11. s 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 464 times   2 Legal Analyses
    Including a form notice of motion
  12. s 1000.4 - Motions

    N.Y. Comp. Codes R. & Regs. tit. 22 § 1000.4   Cited 278 times

    (a) Proof of service required. In addition to proof of filing of the notice of appeal as required pursuant to section 1250.4(a)(3) of this Title, a movant shall submit proof or admission of service of the notice of appeal. (b) Order to show cause. An application for an order to show cause pursuant to section 1250.4(b) of this Title shall be directed to a justice of this court with chambers in the judicial district from which the appeal or proceeding arises. (c) Family Court Act section 1114 and CPLR

  13. s 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