9 Cited authorities

  1. Jacobson v. Sassower

    66 N.Y.2d 991 (N.Y. 1985)   Cited 247 times
    Affirming Jacobson v. Sassower, supra
  2. Duane Reade v. Cardtronics

    54 A.D.3d 137 (N.Y. App. Div. 2008)   Cited 78 times   1 Legal Analyses
    Reversing the granting of a motion to dismiss, holding that the subject contract provision, in context, was ambiguous
  3. Assing v. United Rubber Supply Company, Inc.

    126 A.D.2d 590 (N.Y. App. Div. 1987)   Cited 139 times

    January 20, 1987 Appeal from the Supreme Court, Kings County (Scholnick, J.). Ordered that the order is reversed, on the law, with costs, the motion is granted, the plaintiffs' cross motion to compel United to submit to an examination before trial is denied as academic, and the complaint is dismissed as against United. It is well settled that on a motion for summary judgment, the court's function is issue finding rather than issue determination (see, e.g., Sillman v. Twentieth Century-Fox Film Corp

  4. Shaw v. Manufacturers Hanover

    68 N.Y.2d 172 (N.Y. 1986)   Cited 115 times
    Holding that ambiguous agreement between attorney and client must be construed in the client's favor
  5. Korff v. Corbett

    18 A.D.3d 248 (N.Y. App. Div. 2005)   Cited 53 times
    Describing a contemporary application of the parol evidence rule
  6. Gulf Ins Co. v. Transatlantic Reinsurance Co.

    13 A.D.3d 278 (N.Y. App. Div. 2004)   Cited 19 times   1 Legal Analyses
    Declining to rule that "a standard access to records clause in a contract waives any claim of privilege with respect to those documents"
  7. Beatie v. DeLong

    164 A.D.2d 104 (N.Y. App. Div. 1990)   Cited 33 times

    November 8, 1990 Appeal from the Supreme Court, New York County, William Davis, J. Dennis A. Durkin, III, of counsel (Durkin Durkin, attorneys), for appellants. Russel H. Beatie, Jr., of counsel, pro se (Samuel J. Abate, Jr., with him on the brief; Brown Wood, attorneys), for Russel H. Beatie, Jr., respondent. ASCH, J. After the death of her husband, inventor Charles DeLong, defendant Zofia Banszky DeLong, sought to recover the rights to use and commercialize certain patents in which George Erion

  8. Kalt v. Ritman

    21 A.D.3d 321 (N.Y. App. Div. 2005)   Cited 12 times

    August 25, 2005. Judgment, Supreme Court, New York County (Leland DeGrasse, J.), entered August 4, 2004, awarding plaintiff the total amount of $282,984.64 as against defendant HBS Ltd., bringing up for review an order, same court and Justice, entered November 1, 2004, which, inter alia, granted defendants' motion for reargument to the extent that it adhered to so much of its prior order, entered July 26, 2004, as granted plaintiff's motion for summary judgment against HBS, unanimously reversed,

  9. Unger v. Greenhut

    183 F.2d 381 (2d Cir. 1950)   Cited 1 times

    No. 237, Docket 21668. Argued June 6, 1950. Decided July 5, 1950. Isidor Unger, New York City, for appellant. Charles L. Kahn, New York City, for appellee. Before AUGUSTUS N. HAND, CLARK and FRANK, Circuit Judges. AUGUSTUS N. HAND, Circuit Judge. The plaintiff Greenhut brought a suit against the defendant Merriam in the New York Supreme Court which was removed to the United States District Court for the Southern District of New York. This suit was brought by Charles L. Kahn, as attorney for Greenhut