§Why CasetextPricing

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

Brief

106 Cited authorities

  1. Greenfield v. Philles Records

    98 N.Y.2d 562 (N.Y. 2002)   Cited 1,908 times   2 Legal Analyses
    Holding a "written agreement that is complete, clear and unambiguous on its face must be enforced according to the plain meaning of its terms"

  2. W.W.W. Assocs v. Giancontieri

    77 N.Y.2d 157 (N.Y. 1990)   Cited 2,203 times   3 Legal Analyses
    Holding that extrinsic evidence was immaterial, in part because the contract plainly manifested intent that all prior understandings were merged into the contract, which expressed the parties' full agreement

  3. Harris v. Seward Park

    79 A.D.3d 425 (N.Y. App. Div. 2010)   Cited 793 times
    Holding that "elements of such a [breach of contract] claim include the existence of a contract, the plaintiff's performance thereunder, the defendant's breach thereof, and resulting damages."

  4. Zumpano v. Quinn

    2006 N.Y. Slip Op. 1245 (N.Y. 2006)   Cited 414 times   2 Legal Analyses
    Holding that a party must establish "subsequent and specific actions by defendants somehow kept them from timely bringing suit"

  5. 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

  6. Reiss v. Financial Performance Corporation

    97 N.Y.2d 195 (N.Y. 2001)   Cited 373 times
    Holding courts "may not by construction add or excise terms, nor distort the meaning of those used and thereby make a new contract for the parties under the guise of interpreting the writing."

  7. Cruden v. Bank of New York

    957 F.2d 961 (2d Cir. 1992)   Cited 474 times   1 Legal Analyses
    Holding that a RICO injury does not occur until a debtor defaults on promised principal and equity payments

  8. Quadrant Structured Prods. Co. v. Vertin

    2014 N.Y. Slip Op. 4114 (N.Y. 2014)   Cited 156 times   7 Legal Analyses
    Holding that textual omissions in a "no-action clause" placed limits on the situations in which certain parties could and could not bring suit to enforce a contract

  9. Metropolitan Life v. Noble Lowndes

    84 N.Y.2d 430 (N.Y. 1994)   Cited 221 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

  10. 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

  11. Section 2-725 - Statute of Limitations in Contracts for Sale

    N.Y. U.C.C. Law § 2-725   Cited 423 times   2 Legal Analyses
    Stating that a cause of action for breach of warranty accrues when the breach occurs, regardless of the aggrieved party's lack of knowledge of the breach

  12. Section 206 - Computing periods of limitation in particular actions

    N.Y. CPLR 206   Cited 143 times

    (a) Where demand necessary. Except as provided in article 3 of the uniform commercial code, where a demand is necessary to entitle a person to commence an action, the time within which the action must be commenced shall be computed from the time when the right to make the demand is complete, except that 1. where a right grows out of the receipt or detention of money or property by a trustee, agent, attorney or other person acting in a fiduciary capacity, the time within which the action must be commenced

  13. 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

  14. Section 229.1111 - (Item 1111) Pool assets

    17 C.F.R. § 229.1111   Cited 13 times

    Describe the pool assets, including the information required by this Item 1111. Present statistical information in tabular or graphical format, if such presentation will aid understanding. Present statistical information in appropriate distributional groups or incremental ranges in addition to presenting appropriate overall pool totals, averages and weighted averages, if such presentation will aid in the understanding of the data. In addition to presenting the number, amount and percentage of pool