52 Cited authorities

Rovello v. Orofino Realty Co.
40 N.Y.2d 633 (N.Y. 1976) Cited 2,267 times 1 Legal Analyses
Ruling that on motion to dismiss under CPLR 3211, "court may freely consider affidavits submitted by the plaintiff to remedy any defects in the complaint"
Misicki v. Caradonna
2009 N.Y. Slip Op. 3764 (N.Y. 2009) Cited 595 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
Beal Sav. Bank v. Sommer
8 N.Y.3d 318 (N.Y. 2007) Cited 547 times 3 Legal Analyses
Holding that a contract should not be interpreted so as to render any portion of it meaningless
In the Matter of Hunter
4 N.Y.3d 260 (N.Y. 2005) Cited 522 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
Lawrence v. Miller
2008 N.Y. Slip Op. 9434 (N.Y. 2008) Cited 402 times
Affirming denial of motion to dismiss in a legal malpractice case because the parties had not presented evidence to show whether the retainer agreement was unconscionable
MHR Capital Partners LP v. Presstek, Inc.
2009 N.Y. Slip Op. 5200 (N.Y. 2009) Cited 304 times
Holding that language in an escrow agreement stating that contract documents were not to be released “unless and until” a party executed and agreed to a deal on terms outlined in the agreement was an express condition precedent
Merritt Hill Vineyards Inc. v. Windy Heights Vineyard, Inc.
61 N.Y.2d 106 (N.Y. 1984) Cited 501 times
Holding that without "words of promise" there can be no "breach of contract subjecting the nonfulfilling party to liability for damages"
Waldman v. Village of Kiryas Joel
207 F.3d 105 (2d Cir. 2000) Cited 236 times
Holding that res judicata will apply when the new facts are "nothing more than additional instances of what was previously asserted . . . [and the plaintiff] based his [second] action principally upon the common nucleus of operative facts shared with [the previous action]"
Smith v. Russell Sage College
54 N.Y.2d 185 (N.Y. 1981) Cited 394 times 1 Legal Analyses
Holding that whether a factual grouping constitutes a transaction or series of transactions depends on how the facts are related in time, space, origin, or motivation, whether they form a convenient trial unit, and whether . . . their treatment as a unit conforms to the parties' expectations or business understanding or usage"
Teachers Ins. Annuity Ass'n v. Tribune
670 F. Supp. 491 (S.D.N.Y. 1987) Cited 319 times 4 Legal Analyses
Holding the following express language binding: "Upon receipt . . . of an accepted counter-part of this letter, our agreement to purchase from you and your agreement to issue, sell and deliver to us . . . the captioned securities, shall become a binding agreement between us."

IDT Corp., et al., Respondents,v.Tyco Group, S.A.R.L., et al., Appellants.

52 Cited authorities

Ruling that on motion to dismiss under CPLR 3211, "court may freely consider affidavits submitted by the plaintiff to remedy any defects in the complaint"

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

Holding that a contract should not be interpreted so as to render any portion of it meaningless

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

Affirming denial of motion to dismiss in a legal malpractice case because the parties had not presented evidence to show whether the retainer agreement was unconscionable

Holding that language in an escrow agreement stating that contract documents were not to be released “unless and until” a party executed and agreed to a deal on terms outlined in the agreement was an express condition precedent

Holding that without "words of promise" there can be no "breach of contract subjecting the nonfulfilling party to liability for damages"

Holding that res judicata will apply when the new facts are "nothing more than additional instances of what was previously asserted . . . [and the plaintiff] based his [second] action principally upon the common nucleus of operative facts shared with [the previous action]"

Holding the following express language binding: "Upon receipt . . . of an accepted counter-part of this letter, our agreement to purchase from you and your agreement to issue, sell and deliver to us . . . the captioned securities, shall become a binding agreement between us."