§Why CasetextPricing

Manuel De La Cruz, et al., Appellants,v.Caddell Dry Dock & Repair Co., Inc., et al., Respondents.

Brief

46 Cited authorities

  1. Riley v. County of Broome

    95 N.Y.2d 455 (N.Y. 2000)   Cited 390 times
    Holding that the legislative history of Vehicle and Traffic Law § 1103 evinces an intent to impose “a minimum standard of care” on operators of vehicles engaged in roadwork

  2. Matter of Fink v. Lefkowitz

    47 N.Y.2d 567 (N.Y. 1979)   Cited 300 times
    Noting that FOIL "established a general policy [in favor of] disclosure"

  3. Anheuser-Busch, Inc. v. Abrams

    71 N.Y.2d 327 (N.Y. 1988)   Cited 230 times   2 Legal Analyses
    Noting that "[t]he central issue" on appeal is whether "the focus of the investigation is . . . beyond the scope of the Attorney-General's investigative powers"

  4. Hoxie's v. Cato-Meridian Cent

    76 N.Y.2d 207 (N.Y. 1990)   Cited 92 times
    Finding the private right of action incompatible in part because the statute authorizes a state agency to enforce the statute through orders

  5. Artwear, Inc. v. Hughes

    202 A.D.2d 76 (N.Y. App. Div. 1994)   Cited 76 times
    In Artwear, Inc. v. Hughes, 202 A.D.2d 76, 615 N.Y.S.2d 689 (1994), the contract between a licensor and licensee recited that the licensee had the right to engage sublicensees to manufacture and distribute licensed products and the licensor would have the right of approval of proposed products, not to be unreasonably withheld.

  6. State v. Mobil Oil Corp.

    38 N.Y.2d 460 (N.Y. 1976)   Cited 97 times
    Finding one-sided "systematic and deliberate" price discrimination was not a conspiracy

  7. McManus v. Board of Educ

    87 N.Y.2d 183 (N.Y. 1995)   Cited 52 times
    In McManus, while not disturbing its prior holding in Roberts that "Jarema" credit did not apply to administrative or supervisory personnel, the New York Court of Appeals distinguished between cases where an administrator filled a vacant position, and cases where the administrator merely acted as a substitute, by "taking over a position on behalf of another who is either temporarily unable to perform the duties on a short-term basis because of sickness, leave of absence or similar reasons."

  8. Aguilar v. Henry Marine Service, Inc.

    12 A.D.3d 542 (N.Y. App. Div. 2004)   Cited 35 times

    2003-06532. November 22, 2004. In an action to recover damages for personal injuries, etc., the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Barasch, J.), dated June 19, 2003, as denied their cross motion for summary judgment on the issue of liability pursuant to Labor Law § 240 (1) insofar as asserted against the defendant Henry Marine Service, Inc., and the defendant Henry Marine Service, Inc., cross-appeals, as limited by its brief

  9. Erie County Industrial Development Agency v. Roberts

    94 A.D.2d 532 (N.Y. App. Div. 1983)   Cited 57 times   1 Legal Analyses
    Holding that a project is not publicly financed when "[t]he public involvement concerns only the creation of the economic conditions and incentives which will encourage and foster this type of private development"

  10. All Seasons Resorts v. Abrams

    68 N.Y.2d 81 (N.Y. 1986)   Cited 51 times   3 Legal Analyses
    Holding that membership certificates in a system of outdoor resort campgrounds, which entitled the certificate owners to the use of the campgrounds but no share on income or gain from their operation were not securities, because “[f]or an interest to be a security under Howey, there must be an expectation of financial gain or profit. There is simply none here”

  11. Section 3142 - Rate of wages for laborers and mechanics

    40 U.S.C. § 3142   Cited 126 times   9 Legal Analyses
    Explaining the calculation of overtime pay “under any federal law”

  12. Section 290.210 - Definitions

    Mo. Rev. Stat. § 290.210   Cited 31 times   2 Legal Analyses
    Defining the term "construction" in the context of the Prevailing Wage Act