§Why CasetextPricing

ACE Securities Corp.,, Appellant,v.DB Structured Products, Inc., Respondent.

Brief

39 Cited authorities

  1. Vermont Teddy Bear Co. v. 538 Madison Realty Co.

    1 N.Y.3d 470 (N.Y. 2004)   Cited 666 times   1 Legal Analyses
    Finding no intent to add terms where sophisticated parties could have added a term, but failed to do so

  2. Ely-Cruikshank Co. v. Bank

    81 N.Y.2d 399 (N.Y. 1993)   Cited 491 times
    Holding that the statute of limitations accrues from time of breach

  3. Lyles v. State

    3 N.Y.3d 396 (N.Y. 2004)   Cited 222 times

    145. Argued October 13, 2004. Decided November 30, 2004. Appeal, on constitutional grounds, from an order of the Appellate Division of the Supreme Court in the Second Judicial Department, entered December 22, 2003. The Appellate Division affirmed an order of the Court of Claims (Terry Jane Ruderman, J.; op 194 Misc 2d 32) which had granted defendant's motion to dismiss the claim. Lyles v. State of New York, 2 AD3d 694, affirmed. New York Civil Liberties Union Foundation, New York City ( Arthur N

  4. Bailey v. Neave

    2007 N.Y. Slip Op. 3958 (N.Y. 2007)   Cited 202 times
    Emphasizing that "courts may not by construction add or excise terms"

  5. Ret. Bd. of the Policemen's Annuity & Benefit Fund v. Bank of N.Y. Mellon

    775 F.3d 154 (2d Cir. 2014)   Cited 143 times   3 Legal Analyses
    Holding arguments raised in footnotes may be deemed waived

  6. Metropolitan Life v. Noble Lowndes

    84 N.Y.2d 430 (N.Y. 1994)   Cited 222 times   1 Legal Analyses
    Holding proof that “defendant's repudiation of the Agreement was motivated exclusively by its own economic self-interest” is insufficient to show willful misconduct

  7. Hahn Auto. Warehouse, Inc. v. Am. Zurich Ins. Co.

    2012 N.Y. Slip Op. 2344 (N.Y. 2012)   Cited 132 times
    Assuming there is a right to payment when the party has the contractual right to, and does, demand unconditional payment

  8. John J. Kassner & Co. v. City of New York

    46 N.Y.2d 544 (N.Y. 1979)   Cited 310 times   1 Legal Analyses
    Holding that "the cause of action accrues and the Statute of Limitations begins to run from the time of the breach" of a contract

  9. Kliment

    3 N.Y.3d 538 (N.Y. 2004)   Cited 140 times
    Holding that, under the 1996 revisions to CPLR 214, the three-year statute of limitations applied to “an action to recover damages for malpractice ... regardless of whether the underlying theory is based in contract or tort”

  10. Duffy v. Horton Mem. Hosp

    66 N.Y.2d 473 (N.Y. 1985)   Cited 179 times   1 Legal Analyses
    Noting that, ordinarily, the statute of limitations would apply to claims asserted against newly added parties who have "been a complete stranger to the suit up to the point of the requested amendment," but acknowledging that permitting the amendment to relate back to that defendant would not be at odds with the policies underlying the statute of limitations where "within the statutory period, . . . defendant is fully aware that a claim is being made against him with respect to the transaction or occurrence involved in the suit"

  11. Section 860G - Other definitions and special rules

    26 U.S.C. § 860G   Cited 32 times   1 Legal Analyses
    Defining qualified mortgages that REMICs may hold