45 Cited authorities

  1. Kaufman v. Cohen

    307 A.D.2d 113 (N.Y. App. Div. 2003)   Cited 998 times   2 Legal Analyses
    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
  2. Hallock v. State of New York

    64 N.Y.2d 224 (N.Y. 1984)   Cited 1,354 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."
  3. Ross v. Louise Wise Services

    2007 N.Y. Slip Op. 3793 (N.Y. 2007)   Cited 490 times   1 Legal Analyses
    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"
  4. Biondi v. Beekman Hill House Apartment Corp.

    257 A.D.2d 76 (N.Y. App. Div. 1999)   Cited 479 times
    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
  5. Arnav Industries v. Brown

    96 N.Y.2d 300 (N.Y. 2001)   Cited 380 times
    Holding that contributory negligence may be pleaded "as a mitigating factor in the attorney's negligence"
  6. Kirschner v. KPMG LLP

    2010 N.Y. Slip Op. 7415 (N.Y. 2010)   Cited 253 times   6 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"
  7. Swersky v. Dreyer Traub

    219 A.D.2d 321 (N.Y. App. Div. 1996)   Cited 280 times
    Holding that "the firm may be held liable to the same extent as the individual defendant"
  8. Schlaifer Nance Company v. Estate of Warhol

    119 F.3d 91 (2d Cir. 1997)   Cited 269 times
    Holding that predicate acts were unrelated despite an overlap of participants
  9. DDJ Management, LLC v. Rhone Group LLC

    2010 N.Y. Slip Op. 5603 (N.Y. 2010)   Cited 153 times   2 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
  10. Brunetti v. Musallam

    11 A.D.3d 280 (N.Y. App. Div. 2004)   Cited 148 times   2 Legal Analyses
    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.
  11. s 600.10 - (Repealed)

    N.Y. Comp. Codes R. & Regs. tit. 22 § 600.10   Cited 9 times

    RESEARCH REFERENCES AND PRACTICE AIDS: 10A C-W2d, Appeals in General §§ 70:155, 70:198, 70:205, 70:211. 22 CRR-NY 600.10 Current through July 31, 2018