§Why CasetextPricing

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

Brief

26 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. DDJ Management, LLC v. Rhone Group LLC

    2010 N.Y. Slip Op. 5603 (N.Y. 2010)   Cited 198 times   4 Legal Analyses
    Suggesting that a Plaintiff "will often be justified" in accepting a written representation that certain facts are true rather than making its own inquiry

  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. Leonard v. Gateway II, LLC

    68 A.D.3d 408 (N.Y. App. Div. 2009)   Cited 63 times
    Finding dismissal of fraudulent inducement claim proper where "plaintiff [could not] establish reasonable reliance on any of the alleged promises made to her . . . because the purchase agreements expressly state[d] that plaintiff did not rely on any promises not contained therein"

  6. Vanship Holdings v. Energy Infrastructure

    65 A.D.3d 405 (N.Y. App. Div. 2009)   Cited 63 times   1 Legal Analyses

    August 4, 2009. Order, Supreme Court, New York County (Richard B. Lowe, III, J.), entered December 2, 2008, which, to the extent appealed from as limited by the briefs, enjoined respondents from distributing $2.6 million of the funds in an account held by Continental Stock Transfer and Trust Company as trustee for Energy Infrastructure Acquisition Corp. (EIAC), unanimously reversed, on the law, without costs, and the injunction vacated. Before: Mazzarelli, J.P., Andrias, Nardelli, Catterson and DeGrasse

  7. Parlato v. Equitable Life Assurance Society of United States

    299 A.D.2d 108 (N.Y. App. Div. 2002)   Cited 66 times
    Holding recovery on fraud limited to transaction's six-year limitations period

  8. Lunal Realty Llc v. Disanto Realty Llc

    88 A.D.3d 661 (N.Y. App. Div. 2011)   Cited 31 times

    2011-10-4 LUNAL REALTY, LLC, et al., appellants,v.DiSANTO REALTY, LLC, et al., respondents. Cuddy & Feder, LLP, White Plains, N.Y. (Andrew P. Schriever and Brian P. Galligan of counsel), for appellants.Schillinger & Finsterwald, LLP, White Plains, N.Y. (Peter Schillinger and Lori Finsterwald of counsel), for respondents. WILLIAM F. MASTRO, J.P., CHERYL E. CHAMBERS, LEONARD B. AUSTIN, and JEFFREY A. COHEN, JJ. Cuddy & Feder, LLP, White Plains, N.Y. (Andrew P. Schriever and Brian P. Galligan of counsel)

  9. Weldon v. Rivera

    301 A.D.2d 934 (N.Y. App. Div. 2003)   Cited 39 times
    Holding that arguments which plaintiff failed to address were deemed conceded

  10. 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

  11. Section 600.10 - Format and content of records, appendices and briefs

    N.Y. Comp. Codes R. & Regs. tit. 22 § 600.10   Cited 11 times

    (a) Form and size. (1) Generally; paper and page size. Records, appendices and briefs shall be reproduced by any method that produces a permanent, legible, black on white copy and shall be on a good grade of white, opaque, unglazed recycled paper that satisfies the requirements of subdivision (e) of this section. Paper shall measure vertically 11 inches on the bound edge and horizontally 81/2 inches. The clerk may refuse to accept for filing a paper which is not legible or otherwise does not comply