43 Cited authorities

  1. O'Melveny & Myers v. Federal Deposit Insurance

    512 U.S. 79 (1994)   Cited 804 times   3 Legal Analyses
    Holding that federal statutory scheme detailing what claims could be made against the FDIC when it is acting as receiver necessarily excluded claims not mentioned in the statute
  2. Dufel v. Green

    84 N.Y.2d 795 (N.Y. 1995)   Cited 613 times

    Argued January 10, 1995 Decided February 16, 1995 Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, James N. White, J. Bouck, Holloway, Kiernan and Casey, Albany (Michael J. Lonergan of counsel), for appellants. William H. Mycek, Amsterdam, for respondents. SIMONS, J. The question submitted is whether it constituted error in this personal injury action for plaintiff's doctors to testify that she sustained (1) a "permanent consequential limitation of use of

  3. Arnav Industries v. Brown

    96 N.Y.2d 300 (N.Y. 2001)   Cited 383 times
    Holding that contributory negligence may be pleaded "as a mitigating factor in the attorney's negligence"
  4. Lasalle Bank Nat. Ass'n v. Nomura Asset Cap

    424 F.3d 195 (2d Cir. 2005)   Cited 322 times
    Recognizing that a contract “should be construed so as to give full meaning and effect to all of its provisions”
  5. Andon v. 302-304 Mott Street Associates

    94 N.Y.2d 740 (N.Y. 2000)   Cited 335 times
    In Andon, the defendant's expert failed to identify or attach the scientific studies he relied upon to support his opinions on the significance of maternal IQ in evaluating lead paint injury causation (Andon, 94 NY2d at 746).
  6. F.D.I.C. v. O'Melveny Meyers

    969 F.2d 744 (9th Cir. 1992)   Cited 380 times   1 Legal Analyses
    Finding Receiver not estopped from bringing legal malpractice claim on behalf of corporation based on fraudulent acts of corporate officers
  7. McCaskey, Davies Assoc. v. N.Y. City Health Hosps

    59 N.Y.2d 755 (N.Y. 1983)   Cited 444 times
    Finding it was an abuse of discretion for the Trial Court to deny defendant's motion to amend its answer when there was "nothing in the papers indicative of prejudice to or surprise of plaintiff"
  8. Phillips v. Kantor Co.

    31 N.Y.2d 307 (N.Y. 1972)   Cited 525 times
    Indicating that Dead Man's Statute would render interested party's deposition testimony inadmissible at trial
  9. In re New York City Asbestos Litig

    7 A.D.3d 285 (N.Y. App. Div. 2004)   Cited 124 times

    3547. Decided May 6, 2004. Order, Supreme Court, New York County (Helen E. Freedman, J.), entered November 6, 2003, which denied defendant Keasbey Company's motion for summary judgment, unanimously affirmed, without costs. Catherine Oken, as Executrix for the Estate of Edwin Diedrich, Plaintiff-Respondent. A.C. S., et al., Defendants, Robert A. Keasbey Company, Defendant-Appellant. Greenberg Traurig LLP, New York (Loring I. Fenton of counsel), for appellant. Weitz Luxenberg, P.C., New York (Stephen

  10. One Step Up, Ltd. v. Webster Business Credit Corp.

    87 A.D.3d 1 (N.Y. App. Div. 2011)   Cited 47 times

    No. 4100. June 14, 2011. APPEAL from an order of the Supreme Court, New York County (Bernard J. Fried, J.), entered December 22, 2009. The order granted defendant's motion to dismiss the complaint. One Step Up, Ltd. v Webster Bus. Credit Corp., 2009 NY Slip Op 33258(U), affirmed. Lazarus Lazarus, P.C., New York City ( Harlan M. Lazarus of counsel), for appellant. Kravet Vogel, LLP, New York City ( Joseph A. Vogel of counsel), for respondent. Before: SAXE, J.P., RICHTER, MANZANET-DANIELS and ROMÁN

  11. Rule 611 - Mode and Order of Examining Witnesses and Presenting Evidence

    Fed. R. Evid. 611   Cited 1,542 times   3 Legal Analyses
    Granting trial judge broad discretion to control witness examination