66 Cited authorities

  1. Eurycleia v. Seward Kissel

    2009 N.Y. Slip Op. 4299 (N.Y. 2009)   Cited 1,137 times   2 Legal Analyses
    Holding CPLR 3016(b) is satisfied "when the facts suffice to permit a 'reasonable inference" of the alleged misconduct
  2. Stutman v. Chemical Bank

    95 N.Y.2d 24 (N.Y. 2000)   Cited 754 times   5 Legal Analyses
    Holding that statutory consumer-fraud claims do "not require proof of actual reliance," but do require causation
  3. Global Mins. v. Holme

    35 A.D.3d 93 (N.Y. App. Div. 2006)   Cited 467 times   2 Legal Analyses
    Holding that reliance on alleged misrepresentations was unreasonable as a matter of law
  4. Gaidon v. the Guardian Life Insurance Co. of America

    94 N.Y.2d 330 (N.Y. 1999)   Cited 528 times   1 Legal Analyses
    Holding that vanishing premium sales practices, as pled, "fall within the purview" of the state deceptive business practices statute but do "not constitute a `misrepresentation or material omission' necessary to sustain a cause of action for fraud"
  5. Motor Vehicle Accident Indemnification Corp. v. Aetna Casualty & Surety Co.

    89 N.Y.2d 214 (N.Y. 1996)   Cited 410 times
    Holding that CPLR § 214 applies to a cause of action to recover payments of first-party benefits by the Motor Vehicle Accident Indemnification Corporation, a statutorily created body, against the insurer of a vehicle who denied no-fault coverage
  6. Gaidon v. the Guardian Life Ins. Co. of America

    96 N.Y.2d 201 (N.Y. 2001)   Cited 266 times   3 Legal Analyses
    Holding that the six-year statute of limitations for common law fraud does not apply to a claim under section 349 because it is a statutory cause of action
  7. Zanett Lombardier, Ltd. v. Maslow

    29 A.D.3d 495 (N.Y. App. Div. 2006)   Cited 208 times
    Finding "conclusory statement of (defendant's) intent did not adequately plead sufficient details of scienter"
  8. Great N Ins v. Interior Corp.

    7 N.Y.3d 412 (N.Y. 2006)   Cited 195 times   1 Legal Analyses
    In Great N. Ins. Co. v Interior Constr. Corp. (7 NY3d 412), the Court of Appeals reaffirmed that "a commercial lease negotiated between two sophisticated parties who included a broad indemnification provision, coupled with an insurance procurement requirement" is enforceable (Great N. Ins. Co. v Interior Constr. Corp., 7 NY3d at 419).
  9. People v. Hobson

    39 N.Y.2d 479 (N.Y. 1976)   Cited 456 times
    Finding constitutional prohibition against use of statements taken without notice to defense counsel, buttressing suppression and reversal with discussion of DR 7-104 violation
  10. Brown v. Lockwood

    76 A.D.2d 721 (N.Y. App. Div. 1980)   Cited 342 times   2 Legal Analyses
    Noting that "a fiduciary or confidential relationship warrant the trusting party to repose his confidence in the defendant"
  11. Section 63 - General duties

    N.Y. Exec. Law § 63   Cited 761 times   36 Legal Analyses
    Specifying that in such circumstances the Attorney General or her deputy will exercise the powers the district attorney “would otherwise” hold, and the district attorney is limited to “exercise[ing] such powers . . . as are required of him by the attorney-general or the deputy attorney-general so attending”
  12. Section 191-C - Payment of sales commission

    N.Y. Lab. Law § 191-C   Cited 73 times   2 Legal Analyses

    1. When a contract between a principal and a sales representative is terminated, all earned commissions shall be paid within five business days after termination or within five business days after they become due in the case of earned commissions not due when the contract is terminated. 2. The earned commission shall be paid to the sales representative at the usual place of payment unless the sales representative requests that the commission be sent to him or her through the mails. If the commissions

  13. Section 466 - Unreasonable restrictions

    N.Y. Veh. & Traf. Law § 466   Cited 7 times

    1. It shall be unlawful for a franchisor directly or indirectly to impose unreasonable restrictions on the franchised motor vehicle dealer relative to transfer, sale, right to renew or termination of a franchise, discipline, noncompetition covenants, site-control (whether by sublease, collateral pledge of lease or otherwise), right of first refusal to purchase, option to purchase, compliance with subjective standards and assertion of legal or equitable rights with respect to its franchise or dealership

  14. Section 500.1 - General requirements

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.1   Cited 1 times

    (a) All papers shall comply with applicable statutes and rules, particularly the signing requirement of section 130-1.1 -a of this Title. (b) Papers filed. Papers filed means briefs, papers submitted pursuant to sections 500.10 and 500.11 of this Part, motion papers, records and appendices. (c) Method of reproduction. All papers filed may be reproduced by any method that produces a permanent, legible, black image on white paper. Reproduction on both sides of the paper is encouraged. (d) Designation

  15. 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