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JFK Holding Company LLC, et al., Respondents,v.City of New York, et al., Defendants, The Salvation Army, Appellant.

Brief

27 Cited authorities

  1. EBC I, Inc. v. Goldman, Sachs & Co.

    5 N.Y.3d 11 (N.Y. 2005)   Cited 2,053 times   1 Legal Analyses
    Holding that underwriter of initial public offering had fiduciary duty to disclose to issuer its "compensation arrangements with its customers," whereby it was to receive percentage of profits generated in post-offering resales

  2. Greenfield v. Philles Records

    98 N.Y.2d 562 (N.Y. 2002)   Cited 1,916 times   2 Legal Analyses
    Holding a "written agreement that is complete, clear and unambiguous on its face must be enforced according to the plain meaning of its terms"

  3. Vermont Teddy Bear Co. v. 538 Madison Realty Co.

    1 N.Y.3d 470 (N.Y. 2004)   Cited 668 times   1 Legal Analyses
    Finding no intent to add terms where sophisticated parties could have added a term, but failed to do so

  4. In the Matter of Hunter

    4 N.Y.3d 260 (N.Y. 2005)   Cited 527 times
    Concluding that res judicata barred petitioner's claim against executor of estate where prior Surrogate's Court's decree had released executor from all further liability as to matters embraced in the decree, including petitioner's claim

  5. P.T. Bank Central Asia v. ABN AMRO Bank N.V.

    301 A.D.2d 373 (N.Y. App. Div. 2003)   Cited 480 times   1 Legal Analyses
    Denying dismissal where plaintiff alleged affirmative misrepresentations of value and concealment of erroneous appraisal

  6. Morone v. Morone

    50 N.Y.2d 481 (N.Y. 1980)   Cited 988 times
    In Morone, the New York Court of Appeals expressly reaffirmed the "long accepted... concept that an express agreement between unmarried persons living together is as enforceable as though they were not living together... provided only that illicit sexual relations were not 'part of the consideration of the contract'" (citations omitted).Morone, 429 N.Y.S.2d at 594, 413 N.E.2d at 1156.

  7. People v. Applied Card

    2008 N.Y. Slip Op. 5780 (N.Y. 2008)   Cited 201 times
    Holding that, when determining whether to apply res judicata to non-parties, courts “must determine whether the severe consequences of preclusion flowing from a finding of privity strike a fair result under the circumstances”

  8. Green v. Santa Fe Industries, Inc.

    70 N.Y.2d 244 (N.Y. 1987)   Cited 227 times
    Recognizing privity based on representation may exist between an insured and its liability insurer based on the parties' indemnitor-indemnitee relationship, and between a bankruptcy trustee and a creditor whose interests the trustee represented in a prior action

  9. Mbia Ins. Corp. v. Patriarch Partners VIII, LLC

    842 F. Supp. 2d 682 (S.D.N.Y. 2012)   Cited 59 times
    Finding no implied waiver where the contract contained a no waiver provision

  10. Riverside Research Institute v. KMGA, Inc.

    68 N.Y.2d 689 (N.Y. 1986)   Cited 117 times
    Noting that a plaintiff vacating and a landlord reletting a premises establishes surrender of the premises as a matter of law

  11. Section 5602 - Appeals to the court of appeals by permission

    N.Y. CPLR 5602   Cited 1,156 times
    Discussing appeals by permission to New York Court of Appeals