§Why CasetextPricing

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

Brief

37 Cited authorities

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

    2012 N.Y. Slip Op. 2343 (N.Y. 2012)   Cited 956 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. Colavito v. New York Organ Donor Network, Inc.

    2006 N.Y. Slip Op. 9320 (N.Y. 2006)   Cited 645 times   1 Legal Analyses
    Holding that survivors' limited right to control the burial of a deceased relative did not imply a general, common-law property right in body parts

  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. 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

  5. Amalfitano v. Rosenberg

    2009 N.Y. Slip Op. 1069 (N.Y. 2009)   Cited 113 times   1 Legal Analyses
    Holding that an attempted, but unsuccessful, deceit may provide a basis for a claim under Judiciary Law § 487

  6. 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"

  7. Melcher v. Apollo Med. Fund Mgmt. L.L.C.

    105 A.D.3d 15 (N.Y. App. Div. 2013)   Cited 76 times
    Affirming dismissal of claim for money had and received where enforceable contract governed the subject matter of the claim

  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 79 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