§Why CasetextPricing

Keith Orsi,, et al., Appellants,v.Susan Haralabatos,, et al., Respondents, et al., Defendants.

Brief

52 Cited authorities

  1. Zuckerman v. City of N.Y.

    49 N.Y.2d 557 (N.Y. 1980)   Cited 24,783 times   9 Legal Analyses
    Granting summary judgment as the city's arguments were considered speculation and this was "patently inadequate to establish the existence of a factual issue requiring a trial . . ."

  2. Vega v. Restani Constr. Corp.

    2012 N.Y. Slip Op. 1148 (N.Y. 2012)   Cited 2,797 times   1 Legal Analyses
    Affirming denial of summary judgment

  3. Friends of Animals, Inc. v. Associated Fur Mfrs., Inc.

    46 N.Y.2d 1065 (N.Y. 1979)   Cited 3,389 times
    Finding summary judgment shall be granted only when there are no issues of material fact and the evidence requires the court to direct judgment in favor of the. movant as a matter of law.

  4. Sillman v. Twentieth Century-Fox

    3 N.Y.2d 395 (N.Y. 1957)   Cited 5,987 times   2 Legal Analyses
    Finding that provision prohibited assignments when the provision stated, in part, that "neither party hereto shall assign this agreement . . . without the prior written consent of the other party," and "that [defendant] shall not be required to recognize any assignments; and that if [defendant] shall receive notice of the existence of any assignment, it shall have the right to withhold payments until the assignment is cancelled or withdrawn"

  5. Ferrante v. Am. Lung Assn

    90 N.Y.2d 623 (N.Y. 1997)   Cited 939 times
    Holding that "[i]t is not the court's function on a motion for summary judgment to assess credibility"

  6. Bank of New York v. First Millennium, Inc.

    607 F.3d 905 (2d Cir. 2010)   Cited 488 times   1 Legal Analyses
    Holding that 12 U.S.C. § 1821(d)(D) "bars only claims that could be brought under [FIRREA’s] administrative procedures"

  7. Feinberg v. Feit

    23 A.D.3d 517 (N.Y. App. Div. 2005)   Cited 384 times

    2004-06513. November 21, 2005. In an action, inter alia, to recover damages for medical malpractice, etc., the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Nassau County (Bucaria, J.), entered July 6, 2004, as granted the motion of the defendants Sheldon Feit and Metropolitan Diagnostic Imaging, P.C. for summary judgment dismissing the complaint insofar as asserted against them. Fischbein Badillo Wagner Harding (Sullivan, Papain, Block, McGrath Cannavo

  8. Windsor v. United States

    699 F.3d 169 (2d Cir. 2012)   Cited 183 times   3 Legal Analyses
    Holding that Baker was not controlling as to constitutionality of DOMA, reasoning in part that “[i]n the forty years after Baker, there have been manifold changes to the Supreme Court's equal protection jurisprudence” that would warrant an exception to the general rule

  9. Vermette v. Kenworth Truck Company

    68 N.Y.2d 714 (N.Y. 1986)   Cited 384 times

    Argued June 3, 1986 Decided July 8, 1986 Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, Con. G. Cholakis, J. Jane D. Martini for appellant. Richard A. Kohn for plaintiff-respondent. MEMORANDUM. The order of the Appellate Division should be reversed, with costs, and defendant Green Truck Supply's motion for summary judgment granted. Certified question answered in the affirmative. We agree with the dissenting memorandum of Justice John T. Casey at the Appellate

  10. Ritt v. Lenox Hill Hospital

    182 A.D.2d 560 (N.Y. App. Div. 1992)   Cited 277 times
    Holding [T]he function of a reply affidavit is to address arguments made in opposition to the position taken by the movant and not to permit the movant to introduce new arguments in support of the motion. . . ."