21 Cited authorities

Haywood v. Drown
556 U.S. 729 (2009) Cited 340 times 1 Legal Analyses
Holding that once a State creates a court of general jurisdiction, as all three of our States have, the State must hear and adjudicate § 1983 claims
Fry v. Village of Tarrytown
89 N.Y.2d 714 (N.Y. 1997) Cited 269 times
Holding that, under CPLR former 304, filing a proposed but unexecuted order to show cause had no legal effect and did not satisfy the commencement requirements
In re Brooklyn Navy Yard Asbestos Litigation
971 F.2d 831 (2d Cir. 1992) Cited 208 times
Holding that joint participation pursuant to an agreement — express or implied — to commit a tort is necessary to impose liability on those acting in concert
Liff v. Schildkrout
49 N.Y.2d 622 (N.Y. 1980) Cited 185 times 1 Legal Analyses
Holding that a spouse's cause of action for loss of consortium is a derivative one and does not exist "independent of the injured spouse's right to maintain an action for injuries sustained."
Chianese v. Meier
98 N.Y.2d 270 (N.Y. 2002) Cited 89 times
Holding that actual notice of a particular recurring safety issue that was reasonably within the defendant's power to correct was sufficient to establish constructive notice of the specific recurrence
Ellington Constr v. Zoning Bd.
77 N.Y.2d 114 (N.Y. 1990) Cited 79 times
Finding petitioner had vested right where town approved petitioner's plan and petitioner installed various improvements on the land prior to amendments to applicable zoning ordinance
Bay Ridge v. State of N.Y
44 N.Y.2d 49 (N.Y. 1978) Cited 113 times 1 Legal Analyses
Noting that a cause of action for indemnity generally does not accrue until the indemnitee makes a payment requiring indemnification
Morales v. County of Nassau
94 N.Y.2d 218 (N.Y. 1999) Cited 55 times
Rejecting expressio unius as a basis for “creat[ing] an entirely new exemption that is not suggested by the language of the statute or its history”
Ballard v. HSBC Bank USA
6 N.Y.3d 658 (N.Y. 2006) Cited 37 times
In Ballard, the petitioner failed to include a return date in her notice of petition as required by CPLR 403 when seeking review of a determination by the New York State Division of Human Rights.
Duffy v. Chautauqua County
225 A.D.2d 261 (N.Y. App. Div. 1996) Cited 26 times
In Duffy, two construction workers were injured and a third killed when a bridge collapsed while the three workers were driving a truck over it.
Section 362 - Automatic stay
11 U.S.C. § 362 Cited 29,426 times 174 Legal Analyses
Concluding that cause exists to lift the stay because no bankruptcy purpose would be served by keeping the stay in place

Carol Artibee et al., Appellants,v.Home Place Corporation, Respondent.

21 Cited authorities

Holding that once a State creates a court of general jurisdiction, as all three of our States have, the State must hear and adjudicate § 1983 claims

Holding that, under CPLR former 304, filing a proposed but unexecuted order to show cause had no legal effect and did not satisfy the commencement requirements

Holding that joint participation pursuant to an agreement — express or implied — to commit a tort is necessary to impose liability on those acting in concert

Holding that a spouse's cause of action for loss of consortium is a derivative one and does not exist "independent of the injured spouse's right to maintain an action for injuries sustained."

Holding that actual notice of a particular recurring safety issue that was reasonably within the defendant's power to correct was sufficient to establish constructive notice of the specific recurrence

Finding petitioner had vested right where town approved petitioner's plan and petitioner installed various improvements on the land prior to amendments to applicable zoning ordinance

Noting that a cause of action for indemnity generally does not accrue until the indemnitee makes a payment requiring indemnification

Rejecting expressio unius as a basis for “creat[ing] an entirely new exemption that is not suggested by the language of the statute or its history”

In Ballard, the petitioner failed to include a return date in her notice of petition as required by CPLR 403 when seeking review of a determination by the New York State Division of Human Rights.

In Duffy, two construction workers were injured and a third killed when a bridge collapsed while the three workers were driving a truck over it.

Concluding that cause exists to lift the stay because no bankruptcy purpose would be served by keeping the stay in place