§Why CasetextPricing

Yanella Gudz, Respondent,v.Jemrock Realty Company, LLC, Appellant.

Brief

58 Cited authorities

  1. Wal-Mart Stores, Inc. v. Dukes

    564 U.S. 338 (2011)   Cited 6,620 times   504 Legal Analyses
    Holding in Rule 23 context that “[w]ithout some glue holding the alleged reasons for all those decisions together, it will be impossible to say that examination of all the class members' claims for relief will produce a common answer”

  2. Small v. Lorillard Tobacco Co.

    94 N.Y.2d 43 (N.Y. 1999)   Cited 694 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"

  3. Consol. Rail Corp. v. Town of Hyde Park

    47 F.3d 473 (2d Cir. 1995)   Cited 744 times   2 Legal Analyses
    Holding that "numerosity is presumed at a level of 40 members"

  4. Gaidon v. the Guardian Life Insurance Co. of America

    94 N.Y.2d 330 (N.Y. 1999)   Cited 530 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. Roberts v. Tishman Speyer Properties

    2009 N.Y. Slip Op. 7480 (N.Y. 2009)   Cited 371 times
    In Roberts, this Court rejected DHCR's long-standing statutory interpretation and concluded that luxury deregulation was unavailable in any building during receipt of J–51 benefits (13 N.Y.3d at 285–287, 890 N.Y.S.2d 388, 918 N.E.2d 900).

  6. Sperry v. Crompton Corp.

    2007 N.Y. Slip Op. 1425 (N.Y. 2007)   Cited 260 times   3 Legal Analyses
    Holding that "the connection between the purchaser of tires and the producers of chemicals used in the rubbermaking process is simply too attenuated to support" the purchaser's claim of unjust enrichment

  7. Ackerman v. Price Waterhouse

    252 A.D.2d 179 (N.Y. App. Div. 1998)   Cited 239 times
    Holding that members of the global class did not meet their burden of “establishing that the relevant choice of law principles w[ould] not ultimately require application of widely divergent laws of multiple jurisdictions”

  8. Pludeman v. N. Leasing Sys., Inc.

    74 A.D.3d 420 (N.Y. App. Div. 2010)   Cited 135 times

    Nos. 2065A 2065 M5898 M81. June 1, 2010. Order, Supreme Court, New York County (Martin Shulman, J.), entered June 30, 2009, which, insofar as appealed from as limited by the briefs, upon renewal of plaintiffs' motion for class certification, certified a class, defined the class as, in pertinent part, "[a] 11 persons and entities who signed as lessees and/or guarantors . . . between January 1, 1999 and January 22, 2004 . . . and who made monthly loss and damage waiver . . . payments . . . to defendant

  9. Globe Surgical v. Geico Ins. Co.

    59 A.D.3d 129 (N.Y. App. Div. 2008)   Cited 106 times
    Finding a class representative inadequate where he had a history of pursuing his own defenses

  10. Solomon V Bell Atl. Corp.

    9 A.D.3d 49 (N.Y. App. Div. 2004)   Cited 120 times
    Reversing class certification because, inter alia, individual issues would predominate regarding which, if any, advertisements the class members saw and whether they were reasonably misled by such advertisements

  11. Rule 23 - Class Actions

    Fed. R. Civ. P. 23   Cited 34,840 times   1232 Legal Analyses
    Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"

  12. Section 227 - Restrictions on use of telephone equipment

    47 U.S.C. § 227   Cited 5,644 times   733 Legal Analyses
    Granting exclusive jurisdiction to federal courts over actions brought by state attorney generals

  13. Rule 57 - Declaratory Judgment

    Fed. R. Civ. P. 57   Cited 1,550 times   4 Legal Analyses
    Preserving right to trial by jury in declaratory judgment action under circumstances and in manner provided in Rules 38 and 39

  14. Section 4226 - Misrepresentations, misleading statements and incomplete comparisons by insurers

    N.Y. Ins. Law § 4226   Cited 61 times   13 Legal Analyses
    Prohibiting misrepresentations and misleading statements as to the terms and benefits of insurance contracts

  15. Section 2520.13 - Waiver of benefit void

    N.Y. Comp. Codes R. & Regs. tit. 9 § 2520.13   Cited 47 times

    An agreement by the tenant to waive the benefit of any provision of the RSL or this Code is void; provided, however, that based upon a negotiated settlement between the parties and with the approval of the DHCR, or a court of competent jurisdiction, or where a tenant is represented by counsel, a tenant may withdraw, with prejudice, any complaint pending before the DHCR. Such settlement shall be binding upon subsequent tenants. However, where the settlement encompasses surrender of occupancy by the