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Kimso Apartments, LLC,, et al., Respondents,v.Mahesh Gandhi, Appellant, Arlington Filler, et al., Respondents.

Brief

89 Cited authorities

  1. Peralta v. Heights Medical Center, Inc.

    485 U.S. 80 (1988)   Cited 614 times   1 Legal Analyses
    Holding that procedural due process prevents a court from entering judgment against a party "without notice or service"

  2. Franconia Associates v. United States

    536 U.S. 129 (2002)   Cited 204 times
    Holding a claim "first accrued" not on the date of repudiation, but on the date performance was due

  3. Buran v. Coupal

    87 N.Y.2d 173 (N.Y. 1995)   Cited 649 times   2 Legal Analyses
    Holding that the mistake need not be excusable

  4. Maas v. Cornell University

    94 N.Y.2d 87 (N.Y. 1999)   Cited 564 times
    Holding that Cornell's failure to follow its internal policies and procedures did not provide basis for breach of contract claim

  5. Parochial v. Board of Educ

    60 N.Y.2d 539 (N.Y. 1983)   Cited 824 times
    Holding that § 3813's notice of claim requirement "is not satisfied by presentment to any other individual or body"

  6. Palmetto Partners, L.P. v. AJW Qualified Partners, LLC

    83 A.D.3d 804 (N.Y. App. Div. 2011)   Cited 294 times
    Finding that a lower court should have dismissed a claim for breach of fiduciary duty because plaintiffs “suffered no damages from any breach of fiduciary duty.”

  7. In Matter of Shondel v. Mark

    2006 N.Y. Slip Op. 5238 (N.Y. 2006)   Cited 279 times
    Explaining that equitable estoppel protects a party who, "while justifiably relying on the opposing party's actions, has been misled into a detrimental change of position"

  8. Mahoney-Buntzman v. Buntzman

    2009 N.Y. Slip Op. 3629 (N.Y. 2009)   Cited 249 times   3 Legal Analyses
    In Mahoney-Buntzman, a divorce case, the husband had claimed $1.8 million as "business income" on his federal income tax returns, then claimed during the divorce that those same proceeds should be characterized as from the sale of stock he owned in a prior marriage, in order to shield that money from distribution in the divorce.

  9. Loomis v. Corinno Corp.

    54 N.Y.2d 18 (N.Y. 1981)   Cited 493 times   1 Legal Analyses
    In Loomis v. Civetta Corinno Constr. Corp. (54 N.Y.2d 18, 23, rearg denied 55 N.Y.2d 801), the Court of Appeals held "[p]rejudice, of course, is not found in the mere exposure of the defendant to greater [financial] liability.

  10. Murray v. City of New York

    43 N.Y.2d 400 (N.Y. 1977)   Cited 476 times
    Holding that workers' compensation is the exclusive remedy as a matter of substantive law, and hence, whenever it appears from the plaintiff's pleadings, bill of particulars, or the facts that the plaintiff was an employee of the defendant, the obligation of alleging and proving noncoverage or applicability of workers' compensation benefits falls on the plaintiff; the court continued, stating that waiver may be accomplished by ignoring the issue to the point of final disposition

  11. Section 2-725 - Statute of Limitations in Contracts for Sale

    N.Y. U.C.C. Law § 2-725   Cited 423 times   2 Legal Analyses
    Stating that a cause of action for breach of warranty accrues when the breach occurs, regardless of the aggrieved party's lack of knowledge of the breach

  12. Section 500.1 - General requirements

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.1   Cited 1 times

    (a) All papers shall comply with applicable statutes and rules, particularly the signing requirement of section 130-1.1 -a of this Title. (b) Papers filed. Papers filed means briefs, papers submitted pursuant to sections 500.10 and 500.11 of this Part, motion papers, records and appendices. (c) Method of reproduction. All papers filed may be reproduced by any method that produces a permanent, legible, black image on white paper. Reproduction on both sides of the paper is encouraged. (d) Designation