Zuckerman v. City of N.Y.

Granting summary judgment as the city's arguments were considered speculation and this was "patently inadequate to establish the existence of a factual issue requiring a trial . . ."

Winegrad v. N.Y. Univ. Medical Center

Reversing the motion court's order granting the defendants' cross-motion for summary judgment where they failed to demonstrate, with admissible proof, that the claims against them should be dismissed

Rotuba Extruders v. Ceppos

Holding that summary judgment should be denied where there is any doubt as to the existence of triable issues of fact

Sokoloff v. Harriman Estates Dev. Corp.

Reversing dismissal of complaint seeking specific performance against builder

Sillman v. Twentieth Century-Fox

Finding that provision prohibited assignments when the provision stated, in part, that "neither party hereto shall assign this agreement . . . without the prior written consent of the other party," and "that [defendant] shall not be required to recognize any assignments; and that if [defendant] shall receive notice of the existence of any assignment, it shall have the right to withhold payments until the assignment is cancelled or withdrawn"

JMD Holding Corp. v. Congress Financial Corp.

Finding that plaintiff was not entitled to judgment as a matter of law where it failed to present evidence that liquidated damages were grossly disproportionate or that actual damages were capable of precise estimation at the time of the agreement's execution.

Fischbarg v. Doucet

Holding that defendants' calls and emails to plaintiff in New York were transactions giving rise to the cause of action

Ostrov v. Rozbruch

In Ostrov, the First Department held that, in the context of summary judgment, "[s]upplemental affirmations... should be sparingly used to clarify limited issues, and should not be utilized as a matter of course to correct deficiencies in a party's moving or answering papers" (emphasis added).

Licci v. Lebanese Canadian Bank, SAL

Holding that "a foreign bank's repeated use of a correspondent account in New York on behalf of a client ... show purposeful availment" sufficient to meet the transacting-business prong of New York's long-arm statute

McGowan v. Smith

Holding that defendant exporter's visits to New York to conduct general marketing research did not "bear a substantial relationship" to products liability action arising from purchase of defendant's product in New York because "[w]hile these visits certainly may be characterized as `purposeful' . . . the occurrence of these visits serves merely to establish [the defendant exporter's] transitory physical presence within the State."

Section R3211 - Motion to dismiss

Granting dismissal where a defense is based upon documentary evidence

Section R3212 - Motion for summary judgment

Providing for motions for summary judgment

Section 5501 - Scope of review

Stating that the “shocks the conscience” standard “was relaxed in 1986 in tort actions, including the common personal injury and wrongful death actions in which additur and remittitur are most often seen”

Section 302 - Personal jurisdiction by acts of non-domiciliaries

Holding that service may be made "to a person of suitable age and discretion at the actual place of business, dwelling place or usual place of abode of the person to be served and by ... mailing the summons to the person to be served at his or her last known residence"

Section 301 - Jurisdiction over persons, property or status

Codifying caselaw that incorporates "doing business" standard

Section 1314 - Actions or special proceedings against foreign corporations