§Why CasetextPricing

Nomura Asset Capital Corporation, et al., Respondents-Appellantsv.Cadwalader, Wickersham & Taft LLP, Appellant-Respondent.

Brief

71 Cited authorities

  1. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 235,819 times   38 Legal Analyses
    Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"

  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. Derdiarian v. Felix Contr Co.

    51 N.Y.2d 308 (N.Y. 1980)   Cited 1,880 times
    Holding that the negligence of a driver did not negate a contractor's failure to safeguard an excavation site, and that "[b]ecause questions concerning what is foreseeable and what is normal may be the subject of varying inferences, as is the question of negligence itself, these issues generally are for the fact finder to resolve"

  4. 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"

  5. JMD Holding Corp. v. Congress Financial Corp.

    4 N.Y.3d 373 (N.Y. 2005)   Cited 709 times
    Finding that plaintiff was not entitled to judgment as a matter of law where it failed to present evidence that liquidated damages were grossly disproportionate or that actual damages were capable of precise estimation at the time of the agreement's execution.

  6. Misicki v. Caradonna

    2009 N.Y. Slip Op. 3764 (N.Y. 2009)   Cited 594 times
    Holding that 12 N.Y.C.R.R. § 23-9.2 imposes a nondelegable duty to make "necessary repairs or replacement" upon discovery of any unsafe condition

  7. Bernard v. Shayne

    2007 N.Y. Slip Op. 3594 (N.Y. 2007)   Cited 627 times   1 Legal Analyses
    Holding litigation expenses to correct the defendants' error and expert fees for retrial, were expenditures readily ascertainable and calculated by the lower court.

  8. Sommer v. Federal Signal Corp.

    79 N.Y.2d 540 (N.Y. 1992)   Cited 925 times   2 Legal Analyses
    Holding that, in New York, "a party may not insulate itself from damages caused by grossly negligent conduct" through an exculpatory clause

  9. Lasalle Bank Nat. Ass'n v. Nomura Asset Cap

    424 F.3d 195 (2d Cir. 2005)   Cited 408 times
    Recognizing that a contract “should be construed so as to give full meaning and effect to all of its provisions”

  10. Arnav Industries v. Brown

    96 N.Y.2d 300 (N.Y. 2001)   Cited 394 times
    Holding that contributory negligence may be pleaded "as a mitigating factor in the attorney's negligence"

  11. Section 860G - Other definitions and special rules

    26 U.S.C. § 860G   Cited 32 times   1 Legal Analyses
    Defining qualified mortgages that REMICs may hold

  12. Section 860D - REMIC defined

    26 U.S.C. § 860D   Cited 28 times   1 Legal Analyses
    Defining REMICs

  13. Section 500.1 - General requirements

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.1   Cited 1 times

    (a) All papers shall comply with applicable statutes and rules, particularly the signing requirement of section 130-1.1 -a of this Title. (b) Papers filed. Papers filed means briefs, papers submitted pursuant to sections 500.10 and 500.11 of this Part, motion papers, records and appendices. (c) Method of reproduction. All papers filed may be reproduced by any method that produces a permanent, legible, black image on white paper. Reproduction on both sides of the paper is encouraged. (d) Designation