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Ambac Assurance Corporation, et al., Appellants,v.Countrywide Home Loans, Inc., et al., Respondents, Bank of America Corp., Defendant.

Brief

74 Cited authorities

  1. Mandarin v. Wildenstein

    2011 N.Y. Slip Op. 741 (N.Y. 2011)   Cited 1,642 times   5 Legal Analyses
    Holding that plaintiff must allege a misrepresentation or a material omission of fact which was "false and known to be false"

  2. Greenfield v. Philles Records

    98 N.Y.2d 562 (N.Y. 2002)   Cited 1,948 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"

  3. Eurycleia v. Seward Kissel

    2009 N.Y. Slip Op. 4299 (N.Y. 2009)   Cited 1,162 times   3 Legal Analyses
    Holding CPLR 3016(b) is satisfied "when the facts suffice to permit a 'reasonable inference" of the alleged misconduct

  4. Hooper Associates Ltd. v. AGS Computers, Inc.

    74 N.Y.2d 487 (N.Y. 1989)   Cited 1,410 times   6 Legal Analyses
    Holding that the plaintiff could not recover attorneys' fees from the defendant without express language in the agreement permitting such a recovery

  5. Connaughton v. Chipotle Mexican Grill, Inc.

    2017 N.Y. Slip Op. 3445 (N.Y. 2017)   Cited 542 times   1 Legal Analyses
    Affirming dismissal of fraud claim where plaintiff failed to allege "recoverable out-of-pocket loss" resulting from alleged fraud

  6. Stutman v. Chemical Bank

    95 N.Y.2d 24 (N.Y. 2000)   Cited 771 times   5 Legal Analyses
    Holding that statutory consumer-fraud claims do "not require proof of actual reliance," but do require causation

  7. Beal Sav. Bank v. Sommer

    8 N.Y.3d 318 (N.Y. 2007)   Cited 560 times   3 Legal Analyses
    Holding that a contract should not be interpreted so as to render any portion of it meaningless

  8. Small v. Lorillard Tobacco Co.

    94 N.Y.2d 43 (N.Y. 1999)   Cited 704 times   7 Legal Analyses
    Holding that where the underlying tort theory fails, "there is no independent tort to provide a basis for liability under . . . concert of action, conspiracy, and aiding and abetting theories"

  9. Centro Empresarial Cempresa S.A. v. América Móvil, S.A.B. de C.V.

    2011 N.Y. Slip Op. 4720 (N.Y. 2011)   Cited 460 times   4 Legal Analyses
    Holding that shareholders that had released unknown fraud claims arising out of the shareholders' ownership interest in a company could not base a rescission claim on allegations that defendants had induced the release by concealing the true value of that interest

  10. Lazard Freres v. Protective Life Ins. Co.

    108 F.3d 1531 (2d Cir. 1997)   Cited 417 times
    Holding that summary judgment was precluded by genuine fact question as to whether and when defendant had an obligation to conduct due diligence pursuant to oral agreement to purchase debt

  11. Section 3105 - Representations by the insured

    N.Y. Ins. Law § 3105   Cited 328 times   6 Legal Analyses
    Requiring "inducement"

  12. Section 500.13 - Content and form of briefs in normal course appeals

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.13

    (a) Content. All briefs shall conform to the requirements of section 500.1 of this Part and contain a table of contents, a table of cases and authorities, questions presented, point headings, and, if necessary, a disclosure statement pursuant to section 500.1(f) of this Part. Such disclosure statement shall be included before the table of contents in the party's principal brief. Appellant's brief shall include a statement showing that the court has jurisdiction to entertain the appeal and to review