§Why CasetextPricing

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

Brief

57 Cited authorities

  1. 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

  2. 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

  3. Kenneth R. v. R.C. Diocese

    229 A.D.2d 159 (N.Y. App. Div. 1997)   Cited 500 times   1 Legal Analyses
    Holding that negligent supervision claims survived a motion to dismiss because the First Amendment does not bar the imposition of liability on a church for a priest's sexual abuse of a minor

  4. 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

  5. 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"

  6. Matter of Reilly v. Reid

    45 N.Y.2d 24 (N.Y. 1978)   Cited 532 times
    Holding that, “where the same foundation facts serve as a predicate for each proceeding, differences in legal theory and consequent remedy do not create a separate cause of action”

  7. 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."

  8. Adjustrite Systems, Inc. v. Gab Business Services, Inc.

    145 F.3d 543 (2d Cir. 1998)   Cited 203 times
    Holding that an agreement was not a Type I agreement because it was "expressly contingent" on the execution of future contracts

  9. Schwanbeck v. Federal-Mogul Corp.

    412 Mass. 703 (Mass. 1992)   Cited 185 times   1 Legal Analyses
    Holding that "any promise involving real property is enforceable only if that promise meets the requirements of the statute"

  10. Fox Gartner v. R-2000 Corporation

    198 A.D.2d 154 (N.Y. App. Div. 1993)   Cited 123 times

    November 23, 1993 Appeal from the Supreme Court, New York County (Edward H. Lehner, J.). Plaintiff, a New York law firm, commenced the underlying action against the defendants seeking to recover unpaid legal fees for services rendered by the plaintiff in connection with a contemplated, but ultimately unsuccessful, merger between defendants International Micro Optics, Ltd. and R-2000 Corporation. The record reveals that the IAS Court properly dismissed, without an evidentiary hearing, the third-party