Kaufman v. Cohen

Holding that misrepresentations by one business partner to other partners about the value of a business interest was "essential" to completing the underlying misappropriation of a business opportunity

Hallock v. State of New York

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."

Ross v. Louise Wise Services

Holding that it would not be appropriate to punish an adoption agency for its 1960's era policy of not disclosing adopted children's mental health records in part because mental health professionals of that era "thought that mental illness could be avoided if a child were placed in a loving environment and that disclosure of birth parents' emotional disturbances would negatively affect the child's bonding with the adoptive parents"

Biondi v. Beekman Hill House Apartment Corp.

Holding that although a summary judgment motion presumes the facts to be true and accorded every favorable inference, allegations consisting of bare legal conclusions, as well as factual claims either inherently incredible or flatly contradicted by documentary evidence, are not entitled to such consideration

Kirschner v. KPMG LLP

Noting the "fundamental principle that ... the acts of agents, ... while acting within the scope of their authority are presumptively imputed to their principals"

Arnav Industries v. Brown

Holding that contributory negligence may be pleaded "as a mitigating factor in the attorney's negligence"

Schlaifer Nance Company v. Estate of Warhol

Holding that predicate acts were unrelated despite an overlap of participants

Swersky v. Dreyer Traub

Holding that "the firm may be held liable to the same extent as the individual defendant"

DDJ Management, LLC v. Rhone Group LLC

Suggesting that a Plaintiff "will often be justified" in accepting a written representation that certain facts are true rather than making its own inquiry

Brunetti v. Musallam

In Brunetti, the plaintiff claimed that the defendants, who had joined the company he originally founded, fraudulently induced him to sign an agreement divesting himself of 70% of his shares of the company and surrendering his employment rights by becoming an at-will employee, by falsely representing that a necessary investor had conditioned an investment of millions of dollars in the company upon his doing so.

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