§Why CasetextPricing

Rosemarie A. Herman,, et al., Respondents, Avon Bard LLC, et al., Plaintiffs,v.Julian Maurice Herman, et al., Appellants, Michael Offit, et al., Defendants. (And a Third-Party Action.)

Brief

34 Cited authorities

  1. Ins. Corp. of Ir. v. Compagnie Des Bauxites De Guinee

    456 U.S. 694 (1982)   Cited 3,862 times   4 Legal Analyses
    Holding that unlike subject matter jurisdiction, a defect in personal jurisdiction can be waived

  2. Woodson v. Mendon Leasing Corp.

    100 N.Y.2d 62 (N.Y. 2003)   Cited 1,094 times
    In Woodson v Mendon Leasing Corp. (100 NY2d 62, 71 [2003]), we left open the question of whether non-compliance with this requirement is a jurisdictional defect that "renders a default judgment a 'nullity.'"

  3. Kihl v. Pfeffer

    94 N.Y.2d 118 (N.Y. 1999)   Cited 598 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"

  4. Gibbs v. St. Barnabas Hosp

    16 N.Y.3d 74 (N.Y. 2010)   Cited 304 times
    In Gibbs (16 NY3d 74), where plaintiff's counsel violated a conditional preclusion order by failing to supply a bill of particulars and did not establish good cause for the delay and a meritorious claim, we held that the trial court abused its discretion in failing to order preclusion.

  5. Kenford Co. v. Erie County

    67 N.Y.2d 257 (N.Y. 1986)   Cited 450 times   1 Legal Analyses
    Holding that damages based on lost future profits "may not be merely speculative, possible or imaginary, but must be reasonably certain and directly traceable to the breach, not remote or the result of other intervening causes"

  6. Simonds v. Simonds

    45 N.Y.2d 233 (N.Y. 1978)   Cited 561 times   1 Legal Analyses
    Holding that an interest obtained through an agreement supported by consideration “is superior to that of a named beneficiary who has given no consideration”

  7. Fiore v. Galang

    64 N.Y.2d 999 (N.Y. 1985)   Cited 421 times
    Finding that failure to diagnose cancer and the performance of an abdominal operation "are not matters within the ordinary experience of laypersons"

  8. Hain v. Jamison

    2016 N.Y. Slip Op. 8583 (N.Y. 2016)   Cited 133 times   1 Legal Analyses
    Holding that a factual dispute over proximate cause precluded summary judgment

  9. Joosten v. Gale

    129 A.D.2d 531 (N.Y. App. Div. 1987)   Cited 275 times
    Finding that, on a motion under CPLR 3215, "[t]he standard of proof is not stringent, amounting only to some firsthand confirmation of the facts"

  10. Matter of Rothko

    43 N.Y.2d 305 (N.Y. 1977)   Cited 237 times   1 Legal Analyses
    Holding that where it is impossible to appraise damages with certainty, the Surrogate "had the right to resort to reasonable conjectures and probable estimates and to make the best approximation possible through the exercise of good judgment and common sense in arriving at that amount"

  11. Rule 37 - Failure to Make Disclosures or to Cooperate in Discovery; Sanctions

    Fed. R. Civ. P. 37   Cited 45,731 times   319 Legal Analyses
    Holding that a party may be barred from using a witness if it fails to disclose the witness

  12. Section 500.11 - Alternative procedure for selected appeals

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.11   Cited 536 times

    (a) On its own motion, the court may review selected appeals by an alternative procedure. Such appeals shall be determined on the intermediate appellate court record or appendix and briefs, the writings in the courts below and additional letter submissions on the merits. The clerk of the court shall notify all parties by letter when an appeal has been selected for review pursuant to this section. Appellant may request such review in its preliminary appeal statement. Respondent may request such review