§Why CasetextPricing

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

Brief

17 Cited authorities

  1. W.W.W. Assocs v. Giancontieri

    77 N.Y.2d 157 (N.Y. 1990)   Cited 2,205 times   5 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

  2. Burnett v. N.Y. Cent. R. Co.

    380 U.S. 424 (1965)   Cited 1,016 times
    Holding that an action filed in an improper venue tolled the FELA statute of limitations, and noting that "venue objections may be waived by the defendant"

  3. Toussie v. United States

    397 U.S. 112 (1970)   Cited 752 times   4 Legal Analyses
    Holding that an offense is "continuing" for statute of limitations purposes when "the nature of the crime involved" requires as much, such as when the offense "clearly contemplates a prolonged course of conduct"

  4. 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

  5. Telegraphers v. Ry. Express Agency

    321 U.S. 342 (1944)   Cited 662 times   1 Legal Analyses
    Holding the principles of J.I. Case apply to RLA cases

  6. 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

  7. 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

  8. Flanagan v. Mt. Eden Gen. Hosp

    24 N.Y.2d 427 (N.Y. 1969)   Cited 225 times
    Holding that "[when] a foreign object is left in a patient's body . . . no claim can be made that the patient's action may be feigned or frivolous . . . there is no possible causal break between the negligence of the doctor or hospital and the patient's injury . . . the danger of belated, false or frivolous claims is eliminated"

  9. IRB-Brasil Resseguros, S.A. v. Inepar Investments, S.A.

    2012 N.Y. Slip Op. 8669 (N.Y. 2012)   Cited 60 times   1 Legal Analyses
    Applying New York substantive law to evaluate the argument that the purported contract was void under foreign law because the board of directors never authorized it in accordance with foreign law

  10. Bulova Watch v. Celotex Corp.

    46 N.Y.2d 606 (N.Y. 1979)   Cited 99 times   2 Legal Analyses
    Holding that the six-year statute of limitations period began anew with each new leak of a roof where contractor had made 20–year guarantee to repair roof

  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