§Why CasetextPricing

Axginc Corporation v. Plaza Automall, Ltd.

REPLY in Support re MOTION for Summary Judgment

61 Cited authorities

  1. Jeffreys v. City of New York

    426 F.3d 549 (2d Cir. 2005)   Cited 2,263 times   2 Legal Analyses
    Holding that the nonmoving party may not rely on “conclusory allegations or unsubstantiated speculation”

  2. Mandarin v. Wildenstein

    2011 N.Y. Slip Op. 741 (N.Y. 2011)   Cited 1,604 times   5 Legal Analyses
    Holding that plaintiff must allege a misrepresentation or a material omission of fact which was "false and known to be false"

  3. Rombach v. Chang

    355 F.3d 164 (2d Cir. 2004)   Cited 1,388 times   5 Legal Analyses
    Holding that complaint may establish scienter through facts showing that defendants "had both motive and opportunity to commit fraud"

  4. Shields v. Citytrust Bancorp, Inc.

    25 F.3d 1124 (2d Cir. 1994)   Cited 1,810 times   5 Legal Analyses
    Holding that scienter cannot be "base[d] . . . on speculation and conclusory allegations"

  5. Register.com, Inc. v. Verio, Inc.

    356 F.3d 393 (2d Cir. 2004)   Cited 537 times   8 Legal Analyses
    Holding that a company that scraped a competitor's website to obtain data for marketing purposes likely committed trespass to chattels, because scraping could—although it did not yet—cause physical harm to the plaintiff's computer servers

  6. Matter of Express Indus. Terminal Corp. v. Dot

    93 N.Y.2d 584 (N.Y. 1999)   Cited 484 times   1 Legal Analyses
    In Matter of Exp.Indus. and Terminal Corp., 93 N.Y.2d 584, 591, 693 N.Y.S.2d 857, 715 N.E.2d 1050 (1999)..... Likewise, in Joseph Martin, Jr., Delicatessen, Inc. v. Schumacher, the court struck a renewal clause in a lease providing for future agreement on rent as overly vague.

  7. Schlaifer Nance Company v. Estate of Warhol

    119 F.3d 91 (2d Cir. 1997)   Cited 357 times
    Holding that predicate acts were unrelated despite an overlap of participants

  8. Martin Deli v. Schumacher

    52 N.Y.2d 105 (N.Y. 1981)   Cited 585 times   3 Legal Analyses
    Holding unenforceable a lease provision with rental amount "to be agreed upon"

  9. Kel Kim Corp. v. Central Markets, Inc.

    70 N.Y.2d 900 (N.Y. 1987)   Cited 334 times   44 Legal Analyses
    Holding that the lessee's inability to procure and maintain liability coverage "could have been foreseen and guarded against when it specifically undertook that obligation in the lease," and therefore rejecting defendant's impossibility defense

  10. Four Seasons Hotels v. Vinnik

    127 A.D.2d 310 (N.Y. App. Div. 1987)   Cited 328 times
    Stating that material terms must be definite, but that “ contract does not necessarily lack all effect merely because it expresses the idea that something is left to future agreement”

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 328,736 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  12. Section 2-102 - Scope; Certain Security and Other Transactions Excluded From This Article

    N.Y. U.C.C. Law § 2-102   Cited 70 times
    Codifying that Article 2 of the UCC applies to "transactions in goods"

  13. Section 2-615 - Excuse by Failure of Presupposed Conditions

    N.Y. U.C.C. Law § 2-615   Cited 15 times   6 Legal Analyses

    Except so far as a seller may have assumed a greater obligation and subject to the preceding section on substituted performance: (a) Delay in delivery or non-delivery in whole or in part by a seller who complies with paragraphs (b) and (c) is not a breach of his duty under a contract for sale if performance as agreed has been made impracticable by the occurrence of a contingency the non-occurrence of which was a basic assumption on which the contract was made or by compliance in good faith with any