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

Assuming there is a right to payment when the party has the contractual right to, and does, demand unconditional payment

Guggenheim Found. v. Lubell

Holding that "although [defendant-]appellant’s Statute of Limitations argument fails, [its] contention that the [plaintiff] did not exercise reasonable diligence in locating the painting" is relevant "in the context of laches defense"

Snyder v. Town Insulation

Holding that tort action accrued on date of injury, though the plaintiffs continued to sustain harm thereafter

Assured Guar. Mun. Corp. v. Flagstar Bank

Holding that the plaintiff could use statistical sampling to prove liability

Ace Securities Corp. Home Equity Loan Trust v. DB Structured Products, Inc.

Finding money damages in lieu of repurchase appropriate and noting that "where the granting of equitable relief appears to be impossible or impracticable, equity may award damages in lieu of the desired equitable remedy"

Deutsche Alt-A Securities Mortgage Loan Trust, Series 2006-OA1 ex rel. HSBC Bank, USA, National Association v. DB Structured Products, Inc.

Holding that Plaintiff's claims were not restricted to loans for which it provided notice of alleged breaches because “Plaintiff contends that ‘it is not commercially plausible’ to infer that DBSP, during even a passing due diligence review, would not uncover ... obvious and severe breaches” throughout the loan pools

Bulova Watch v. Celotex Corp.

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

Continental Casualty Co. v. Stronghold Insurance Co.

Holding that plaintiff insured's demand "in the form of notice to the reinsurers of actual losses on the underlying insurance policies, [was] an essential element of [plaintiff's] claims," and that "reinsurers were not in 'breach' of their contract to indemnify until they rejected the demand (or until a reasonable time for paying the losses elapsed)"

Lasalle v. Nomura

In LaSalle Bank National Association v. Nomura Asset Capital Corp., 47 A.D. 3d, 846 N.Y.S.2d 95 (N.Y. App. Div. 1st Dep't 2007), the trustee for certificateholders of commercial pass-through certificates for a pool of 155 commercial mortgages brought an action against the defendant loan sellers, alleging breach of warranties defendants made in the agreements covering the sale of those securities.

Lasalle Bank National Association v. Lehman Brothers Holdings

Holding that the question whether a breach of warranty was material was limited to the specific loan and the specific warranty at issue where a plaintiff sought to invoke a contractual buy-back remedy with respect to one loan within a loan portfolio

Section 500.1 - General requirements