§Why CasetextPricing

DLJ Mortgage Capital, Inc., Appellant,v.Thomas Kontogiannis, et al., Defendants, Chicago Title Insurance Company, Inc., et al., Respondents.

Brief

17 Cited authorities

  1. Hallock v. State of New York

    64 N.Y.2d 224 (N.Y. 1984)   Cited 1,506 times
    Holding that "[e]ssential to the creation of apparent authority are words or conduct of the principal, communicated to a third party, that give rise to the appearance and belief that the agent possesses authority to enter into a transaction...[t]he agent cannot by his own acts imbue himself with apparent authority."

  2. Kirschner v. KPMG LLP

    2010 N.Y. Slip Op. 7415 (N.Y. 2010)   Cited 315 times   8 Legal Analyses
    Noting the "fundamental principle that ... the acts of agents, ... while acting within the scope of their authority are presumptively imputed to their principals"

  3. Mount Kisco v. Northern Westchester Hosp

    59 A.D.3d 473 (N.Y. App. Div. 2009)   Cited 110 times
    Requiring allegations of an “actionable, underlying tort” to plead civil conspiracy

  4. Ford v. Unity Hosp

    32 N.Y.2d 464 (N.Y. 1973)   Cited 244 times
    Holding that third-party defendant did not engage in "purposeful() avail(ment)" because it "purposefully avoided any contacts with New York, limiting its agency agreement . . . to certain States, excluding New York"

  5. Ust Private Equity Investors Fund, Inc. v. Barney

    288 A.D.2d 87 (N.Y. App. Div. 2001)   Cited 95 times
    Holding that plaintiff did not sufficiently plead justifiable reliance because plaintiff failed to review relevant documents and confirm defendant's alleged misrepresentations

  6. Faulkner v. City of Yonkers

    105 A.D.3d 899 (N.Y. App. Div. 2013)   Cited 28 times
    Requiring allegations of an "actionable, underlying tort" to plead civil conspiracy

  7. Citibank v. Chicago Tit. Ins. Co.

    214 A.D.2d 212 (N.Y. App. Div. 1995)   Cited 43 times

    September 28, 1995 Appeal from the Supreme Court, New York County, Walter M. Schackman, J. Jerome M. Lasky of counsel (David Rabinowitz and Edward R. Finkelstein on the brief; Moses Singer, attorneys), for appellant. Lawrence J. Slattery, and Schwall Becker, for respondent. SULLIVAN, J.P. This appeal presents the issue of whether a mortgagee, here Citibank, the insured under a mortgage title insurance policy, may, absent proof that its alleged loss was occasioned by the subordination of the insured

  8. DLJ Mortgage Capital, Inc. v. Kontogiannis

    102 A.D.3d 489 (N.Y. App. Div. 2013)   Cited 3 times

    2013-01-15 DLJ MORTGAGE CAPITAL, INC., Plaintiff–Respondent, v. Thomas KONTOGIANNIS, et al., Defendants, Chicago Title Insurance Company, Inc., et al., Defendants–Appellants. Herrick, Feinstein LLP, New York (Arthur G. Jakoby of counsel), for Chicago Title Insurance Company, Inc., appellant. DelBello Donnellan Weingarten Wise & Wiederkehr, LLP, White Plains (Michael J. Schwarz of counsel), for United General Title Insurance Company, Inc., appellant. SAXE Herrick, Feinstein LLP, New York (Arthur G

  9. Duane Thomas LLC v. 62 Thomas Partners, LLC

    300 A.D.2d 52 (N.Y. App. Div. 2002)   Cited 10 times
    Finding that the plaintiff could not maintain a cause of action for fraud because their claim was "based solely on alleged misrepresentations in the contract . . . the complained-of misrepresentations [were] not collateral or extraneous to the contract"

  10. HSA Residential Mortgage Services of Texas, Inc. v. Stewart Title Guaranty Co.

    7 A.D.3d 426 (N.Y. App. Div. 2004)   Cited 3 times
    Affirming the dismissal of a complaint where plaintiff did not “allege any words or conduct by the title insurers that could have caused plaintiff to believe that their function involved more than the issuance of title insurance policies, such as might warrant holding them responsible for the misappropriated mortgage funds under the doctrine of apparent authority.”