43 Cited authorities

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

    512 U.S. 79 (1994)   Cited 887 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 715 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. Lasalle Bank Nat. Ass'n v. Nomura Asset Cap

    424 F.3d 195 (2d Cir. 2005)   Cited 402 times
    Recognizing that a contract “should be construed so as to give full meaning and effect to all of its provisions”
  4. 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"
  5. Andon v. 302-304 Mott Street Associates

    94 N.Y.2d 740 (N.Y. 2000)   Cited 401 times
    Holding that the "Appellate Division did not abuse its discretion in holding that [a doctor's] affidavit — on which defendants' request was based — was insufficient to justify compelling plaintiff-mother to take an IQ test"
  6. F.D.I.C. v. O'Melveny Meyers

    969 F.2d 744 (9th Cir. 1992)   Cited 444 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 513 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 611 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 143 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. United States v. Southland Corp.

    760 F.2d 1366 (2d Cir. 1985)   Cited 120 times
    Holding that conspiracy to submit fraudulent tax documents in violation of 26 U.S.C. § 7207 is not a lesser-included offense of conspiracy to defraud the United States
  11. Rule 611 - Mode and Order of Examining Witnesses and Presenting Evidence

    Fed. R. Evid. 611   Cited 1,880 times   7 Legal Analyses
    Granting trial judge broad discretion to control witness examination