§Why CasetextPricing

Robert Davis, et al., Appellants,v.James Boeheim, et al., Respondents.

Brief

41 Cited authorities

  1. Leon v. Martinez

    84 N.Y.2d 83 (N.Y. 1994)   Cited 9,626 times   4 Legal Analyses
    Holding that the allegations in the complaint and the supporting affidavits were adequate to withstand a motion to dismiss

  2. 511 West 232nd Owners Corp. v. Jennifer Realty Co.

    98 N.Y.2d 144 (N.Y. 2002)   Cited 2,082 times   2 Legal Analyses
    Holding that the plaintiffs sufficiently pled a breach of the implied covenant of good faith and fair dealing by alleging that the defendant, which contracted to convert its building into a cooperative, rejected bona fide purchase offers from prospective tenants

  3. Lawrence v. Miller

    2008 N.Y. Slip Op. 9434 (N.Y. 2008)   Cited 403 times
    Affirming denial of motion to dismiss in a legal malpractice case because the parties had not presented evidence to show whether the retainer agreement was unconscionable

  4. Celle v. Filipino Reporter Enterprises

    209 F.3d 163 (2d Cir. 2000)   Cited 452 times   4 Legal Analyses
    Holding that to recover in libel under New York law, the plaintiff must establish that the defamatory statement was, among other things, published to a third party through the defendant's negligence or actual malice

  5. Gross v. New York Times Co.

    82 N.Y.2d 146 (N.Y. 1993)   Cited 456 times   1 Legal Analyses
    Finding accusation of "possibly illegal" conduct to be actionable

  6. Brian v. Richardson

    87 N.Y.2d 46 (N.Y. 1995)   Cited 387 times
    Holding that an article advocating for a government investigation into purported misuse of software would be understood, in context, "as mere allegations to be investigated rather than as facts"

  7. Steinhilber v. Alphonse

    68 N.Y.2d 283 (N.Y. 1986)   Cited 503 times   3 Legal Analyses
    Recognizing a distinction between pure opinion, which “does not imply that it is based upon undisclosed facts,” and mixed opinion, which “implies that it is based upon facts which justify the opinion but are unknown to those reading or hearing it”

  8. Rinaldi v. Holt, Rinehart

    42 N.Y.2d 369 (N.Y. 1977)   Cited 595 times   1 Legal Analyses
    Stating that "[o]pinions, false or not, libelous or not, are constitutionally protected and may not be the subject of private damage actions"

  9. Mann v. Abel

    2008 N.Y. Slip Op. 2675 (N.Y. 2008)   Cited 235 times   2 Legal Analyses
    In Mann v. Abel, 10 N.Y.3d 271, 856 N.Y.S.2d 31, 885 N.E.2d 884 (2008), the New York Court of Appeals examined a "piece, preceded by an editorial note indicating that it was an expression of opinion, [that] referred to Mann[, the town attorney,] as a ‘political hatchet Mann’ and said that he was ‘leading the Town of Rye to destruction.’ "

  10. Immuno Ag. v. Moor-Jankowski

    77 N.Y.2d 235 (N.Y. 1991)   Cited 375 times
    Holding that the New York State Constitution independently provides protection for statements of opinion greater than those required by the First Amendment

  11. Section 155.05 - Larceny; defined

    N.Y. Penal Law § 155.05   Cited 663 times   5 Legal Analyses
    Defining "steal[ing]" and "larceny" to require "intent to deprive another of property"

  12. Section 240.50 - Falsely reporting an incident in the third degree

    N.Y. Penal Law § 240.50   Cited 121 times

    A person is guilty of falsely reporting an incident in the third degree when, knowing the information reported, conveyed or circulated to be false or baseless, he or she: 1. Initiates or circulates a false report or warning of an alleged occurrence or impending occurrence of a crime, catastrophe or emergency under circumstances in which it is not unlikely that public alarm or inconvenience will result; or 2. Reports, by word or action, to an official or quasi-official agency or organization having