§Why CasetextPricing

James L. Melcher, Appellant,v.Greenberg Traurig, LLP, et al., Respondents.

Brief

31 Cited authorities

  1. Corsello v. Verizon N.Y., Inc.

    2012 N.Y. Slip Op. 2343 (N.Y. 2012)   Cited 957 times
    Holding that "[t]o the extent that these claims succeed, the unjust enrichment claim is duplicative; if plaintiffs' other claims are defective, an unjust enrichment claim cannot remedy the defects"

  2. Lawrence v. Miller

    2008 N.Y. Slip Op. 9434 (N.Y. 2008)   Cited 403 times
    Affirming denial of motion to dismiss in a legal malpractice case because the parties had not presented evidence to show whether the retainer agreement was unconscionable

  3. Simcuski v. Saeli

    44 N.Y.2d 442 (N.Y. 1978)   Cited 765 times   3 Legal Analyses
    Holding that, where equitable estoppel applies, "burden is on the plaintiff to establish that the action was brought within a reasonable time after the facts giving rise to the estoppel have ceased to be operational"

  4. Motor Vehicle Accident Indemnification Corp. v. Aetna Casualty & Surety Co.

    89 N.Y.2d 214 (N.Y. 1996)   Cited 410 times
    Holding that CPLR § 214 applies to a cause of action to recover payments of first-party benefits by the Motor Vehicle Accident Indemnification Corporation, a statutorily created body, against the insurer of a vehicle who denied no-fault coverage

  5. Gaidon v. the Guardian Life Ins. Co. of America

    96 N.Y.2d 201 (N.Y. 2001)   Cited 268 times   3 Legal Analyses
    Holding that the six-year statute of limitations for common law fraud does not apply to a claim under section 349 because it is a statutory cause of action

  6. Amalfitano v. Rosenberg

    2009 N.Y. Slip Op. 1069 (N.Y. 2009)   Cited 115 times   1 Legal Analyses
    Holding that an attempted, but unsuccessful, deceit may provide a basis for a claim under Judiciary Law § 487

  7. Aetna Life & Casualty Co. v. Nelson

    67 N.Y.2d 169 (N.Y. 1986)   Cited 197 times
    Holding that a claim accrues when "all of the facts necessary to the cause of action have occurred so that the party would be entitled to obtain relief in court"

  8. Flanagan v. Mt. Eden Gen. Hosp

    24 N.Y.2d 427 (N.Y. 1969)   Cited 225 times
    Holding that "[when] a foreign object is left in a patient's body . . . no claim can be made that the patient's action may be feigned or frivolous . . . there is no possible causal break between the negligence of the doctor or hospital and the patient's injury . . . the danger of belated, false or frivolous claims is eliminated"

  9. Orr v. Kinderhill Corp.

    991 F.2d 31 (2d Cir. 1993)   Cited 107 times   2 Legal Analyses
    Holding that asset transfer to spinoff created in context of restructuring, which favored new stockholders over judgment creditor, constituted fraudulent conveyance

  10. Brothers v. Florence

    95 N.Y.2d 290 (N.Y. 2000)   Cited 80 times
    Holding that it was unreasonable to apply an amended statute of limitations that shortened the time in which to file medical-malpractice claims to a suit that, upon passage of the new statute of limitations, was to be filed within four months rather than within the significantly longer time under the old statute, given the diligent pursuit of the claim by the plaintiff from the time of accrual

  11. Section 130-1.1 - Costs; sanctions

    N.Y. Comp. Codes R. & Regs. tit. 22 § 130-1.1   Cited 4,261 times   4 Legal Analyses
    Authorizing imposition of costs and attorney's fees for engaging in "frivolous conduct"