§Why CasetextPricing

CDR Creances S.A.S.,, Respondent,v.Maurice Cohen, Appellant, et al., Defendants.-------------------------CDR Creances S.A.S.,, Respondent, v. Leon Cohen,, et al., Appellants, et al., Defendants.

Brief

40 Cited authorities

  1. Chambers v. Nasco, Inc.

    501 U.S. 32 (1991)   Cited 9,210 times   14 Legal Analyses
    Holding that courts "may bar from the courtroom a criminal defendant who disrupts a trial" may "assess attorney fees when a party has acted in bad faith, vexatiously, wantonly, or for oppressive reasons," and "may act sua sponte to dismiss a suit for failure to prosecute"

  2. Kihl v. Pfeffer

    94 N.Y.2d 118 (N.Y. 1999)   Cited 599 times   2 Legal Analyses
    Affirming trial court's striking of complaint where plaintiff failed to correct initial interrogatory responses that were "not responsive" and "lack[ed] any reasonable detail"

  3. Hazel-Atlas Co. v. Hartford Co.

    322 U.S. 238 (1944)   Cited 1,055 times   2 Legal Analyses
    Holding that federal courts have the inherent power to grant relief against judgments for "after-discovered fraud"

  4. Thoreson v. Penthouse Intl

    80 N.Y.2d 490 (N.Y. 1992)   Cited 424 times
    Relying on expressio unius, statutory language, and legislative history to foreclose expansion of listed damages remedies

  5. Emich Motors v. General Motors

    340 U.S. 558 (1951)   Cited 450 times
    Holding that "plaintiffs are entitled to introduce the prior judgment to establish prima facie all matters of fact and law necessarily decided by the conviction and the verdict on which it was based"

  6. ABF Freight System, Inc. v. Nat'l Labor Relations Bd.

    510 U.S. 317 (1994)   Cited 117 times   1 Legal Analyses
    Recognizing that assessing the proper punishment for conduct is a policy matter

  7. Passlogix, Inc. v. 2FA Technology, LLC

    708 F. Supp. 2d 378 (S.D.N.Y. 2010)   Cited 107 times   2 Legal Analyses
    Holding that a "colorable counter-narrative" and rebuttal evidence was sufficient to establish that the moving party had failed to carry its "ultimate burden of clear and convincing evidence"

  8. Marine Midland Bank v. Russo

    50 N.Y.2d 31 (N.Y. 1980)   Cited 247 times
    Noting "general" rule of "imputation of knowledge from agent to principal"

  9. Gleason v. Jandrucko

    860 F.2d 556 (2d Cir. 1988)   Cited 179 times
    Holding that “fraud on the Court involves far more than an injury to a single litigant”

  10. Pope v. Federal Exp. Corp.

    974 F.2d 982 (8th Cir. 1992)   Cited 158 times
    Holding that dismissal was an appropriate sanction when plaintiff produced and relied on a falsified document

  11. Section 371 - Conspiracy to commit offense or to defraud United States

    18 U.S.C. § 371   Cited 21,459 times   139 Legal Analyses
    Requiring proof of an "act to effect the object of the conspiracy"

  12. Section 202.46 - Damages, inquest after default; proof

    N.Y. Comp. Codes R. & Regs. tit. 22 § 202.46   Cited 37 times

    (a) In an inquest to ascertain damages upon a default, pursuant to CPLR 3215, if the defaulting party fails to appear in person or by representative, the party entitled to judgment, whether a plaintiff, third-party plaintiff, or a party who has pleaded a cross-claim or counterclaim, may be permitted to submit, in addition to the proof required by CPLR 3215(e), properly executed affidavits as proof of damages. (b) In any action where it is necessary to take an inquest before the court, the party seeking