34 Cited authorities

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

    456 U.S. 694 (1982)   Cited 3,263 times   1 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 753 times

    35 May 6, 2003. Appeal, by permission of the Appellate Division of the Supreme Court in the First Judicial Department, from an order of that Court, entered December 20, 2001, which affirmed (1) an order of the Supreme Court (Howard Silver, J.), entered April 10, 2001, in Bronx County, granting a motion by nonparty respondent fro vacatur of a default judgment in the amount of $4,172,705.63, for restitution of $2.916,715.42 paid by the nonparty respondent pursuant to the default judgment and for leave

  3. Kihl v. Pfeffer

    94 N.Y.2d 118 (N.Y. 1999)   Cited 530 times
    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 203 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. Simonds v. Simonds

    45 N.Y.2d 233 (N.Y. 1978)   Cited 518 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”
  6. Kenford Co. v. Erie County

    67 N.Y.2d 257 (N.Y. 1986)   Cited 392 times
    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"
  7. Fiore v. Galang

    64 N.Y.2d 999 (N.Y. 1985)   Cited 396 times
    Finding that failure to diagnose cancer and the performance of an abdominal operation "are not matters within the ordinary experience of laypersons"
  8. Joosten v. Gale

    129 A.D.2d 531 (N.Y. App. Div. 1987)   Cited 216 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"
  9. Hain v. Jamison

    2016 N.Y. Slip Op. 8583 (N.Y. 2016)   Cited 72 times   1 Legal Analyses
    Holding that a factual dispute over proximate cause precluded summary judgment
  10. Matter of Rothko

    43 N.Y.2d 305 (N.Y. 1977)   Cited 219 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 34,290 times   233 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 502 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