§Why CasetextPricing

Lorraine Borden, et al., Respondents,v.400 East 55th Street Associates, L.P., Appellant.

Brief

56 Cited authorities

  1. Standard Fire Ins. Co. v. Knowles

    568 U.S. 588 (2013)   Cited 692 times   74 Legal Analyses
    Holding that a plaintiff may not evade CAFA jurisdiction by stipulating that the class would seek damages below CAFA's jurisdictional threshold

  2. Pension Fund v. Marine Bank

    85 N.Y.2d 20 (N.Y. 1995)   Cited 1,514 times   1 Legal Analyses
    Holding that the definition of deceptive acts and practices under GBL § 349 includes "representations or omissions"

  3. Brooklyn Bank v. O'Neil

    324 U.S. 697 (1945)   Cited 1,690 times   28 Legal Analyses
    Holding right to liquidated damages under Fair Labor Standards Act nonwaivable

  4. Small v. Lorillard Tobacco Co.

    94 N.Y.2d 43 (N.Y. 1999)   Cited 694 times   7 Legal Analyses
    Holding that where the underlying tort theory fails, "there is no independent tort to provide a basis for liability under . . . concert of action, conspiracy, and aiding and abetting theories"

  5. Roberts v. Tishman Speyer Properties

    2009 N.Y. Slip Op. 7480 (N.Y. 2009)   Cited 371 times
    In Roberts, this Court rejected DHCR's long-standing statutory interpretation and concluded that luxury deregulation was unavailable in any building during receipt of J–51 benefits (13 N.Y.3d at 285–287, 890 N.Y.S.2d 388, 918 N.E.2d 900).

  6. Nassau Trust Co v. Montrose

    56 N.Y.2d 175 (N.Y. 1982)   Cited 628 times   1 Legal Analyses
    Holding that the Appellate Division erred in not distinguishing between waiver and modification

  7. City of New York v. Maul

    2010 N.Y. Slip Op. 3797 (N.Y. 2010)   Cited 228 times
    Finding federal jurisprudence persuasive in analyzing issues under CPLR Article 9

  8. Small v. Lorillard Tobacco Co.

    252 A.D.2d 1 (N.Y. App. Div. 1998)   Cited 144 times   1 Legal Analyses
    Finding the proposed class action "unmanageable because of the individual issues of reliance, causation and damages with respect to each of the [class members]"

  9. Madison Ave. v. Madison Assoc

    30 A.D.3d 1 (N.Y. App. Div. 2006)   Cited 99 times
    Holding that where a contract term "has attained the status of a term of art and is used in a technical context ... the technical meaning is preferred"

  10. Drucker v. Mauro

    30 A.D.3d 37 (N.Y. App. Div. 2006)   Cited 92 times
    In Drucker, the parties entered into a lease and rider pursuant to which the plaintiff's rented an apartment from the defendant.

  11. Section 2520.13 - Waiver of benefit void

    N.Y. Comp. Codes R. & Regs. tit. 9 § 2520.13   Cited 47 times

    An agreement by the tenant to waive the benefit of any provision of the RSL or this Code is void; provided, however, that based upon a negotiated settlement between the parties and with the approval of the DHCR, or a court of competent jurisdiction, or where a tenant is represented by counsel, a tenant may withdraw, with prejudice, any complaint pending before the DHCR. Such settlement shall be binding upon subsequent tenants. However, where the settlement encompasses surrender of occupancy by the