§Why CasetextPricing

Bank Leumi USA v. Ehrlich et al

MEMORANDUM OF LAW in Support re: 82 MOTION for Summary Judgment . . Document

39 Cited authorities

  1. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 239,217 times   38 Legal Analyses
    Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"

  2. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 218,869 times   40 Legal Analyses
    Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"

  3. Chicago v. Int'l Coll. of Surgeons

    522 U.S. 156 (1997)   Cited 5,165 times   1 Legal Analyses
    Holding that § 1367 "applies with equal force to cases removed to federal court as to cases initially filed there; a removed case is necessarily one 'of which the district courts . . . have original jurisdiction.'"

  4. Md. Casualty Co. v. Pacific Co.

    312 U.S. 270 (1941)   Cited 2,942 times   7 Legal Analyses
    Holding that declaratory judgment action was ripe where state action was pending, and state law gave party the right to sue the other

  5. IDT Corp. v. Morgan Stanley Dean Witter & Co.

    2009 N.Y. Slip Op. 2262 (N.Y. 2009)   Cited 861 times
    Holding that unjust enrichment "is an obligation imposed by equity to prevent injustice, in the absence of an actual agreement between the parties concerned. Where the parties executed a valid and enforceable written contract governing a particular subject matter, recovery on a theory of unjust enrichment for events arising out of that subject matter is ordinarily precluded."

  6. Kerzer v. Kingly Mfg.

    156 F.3d 396 (2d Cir. 1998)   Cited 1,008 times
    Holding that at summary judgment stage, plaintiff must establish a genuine issue of material fact regarding whether the employer's true motive was discriminatory

  7. Kronos, Inc. v. AVX Corp.

    81 N.Y.2d 90 (N.Y. 1993)   Cited 727 times
    Holding that plaintiffs' cause of action sounding in tort accrued in 1988 when plaintiff suffered damages, even though breach occurred in 1984

  8. Duane Reade, Inc. v. St. Paul Fire

    411 F.3d 384 (2d Cir. 2005)   Cited 297 times   1 Legal Analyses
    Holding that an insurance dispute arising out of damage caused by the September 11 terrorist attacks was ripe and noting that "[b]ecause the issue presented . . . concerned the scope of coverage, the standard for ripeness . . . was plainly satisfied"

  9. Akins v. Glens Falls City Dist

    53 N.Y.2d 325 (N.Y. 1981)   Cited 538 times   1 Legal Analyses
    Adopting and applying the general Baseball Rule but noting that "we [do not] suggest that where the adequacy of the screening in terms of protecting the area behind home plate properly is put in issue, the case should not be submitted to the jury"

  10. First Investors Corp. v. Liberty Mut. Ins. Co.

    152 F.3d 162 (2d Cir. 1998)   Cited 278 times
    Affirming grant of summary judgment on breach of contract claim where there was no evidence contract had been breached

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 333,232 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 1367 - Supplemental jurisdiction

    28 U.S.C. § 1367   Cited 63,426 times   78 Legal Analyses
    Holding that in civil actions proceeding in federal court based solely on diversity jurisdiction under 28 U.S.C. § 1332, the district court "shall not have supplemental jurisdiction" over "claims by plaintiffs against persons made parties under Rule . . . 24" or "over claims by persons . . seeking to intervene as plaintiffs under Rule 24," if "exercising supplemental jurisdiction over such claims would be inconsistent with the jurisdictional requirements of section 1332"

  13. Rule 11 - Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions

    Fed. R. Civ. P. 11   Cited 36,629 times   145 Legal Analyses
    Holding an "unrepresented party" to the same standard as an attorney

  14. Section 2201 - Creation of remedy

    28 U.S.C. § 2201   Cited 24,857 times   61 Legal Analyses
    Granting district courts the authority to create a remedy with the force of a final judgment

  15. Section 214 - Actions to be commenced within three years: for non-payment of money collected on execution; for penalty created by statute; to recover chattel; for injury to property; for personal injury; for malpractice other than medical, dental or podiatric malpractice; to annul a marriage on the ground of fraud

    N.Y. C.P.L.R. § 214   Cited 5,484 times   3 Legal Analyses
    Providing for three-year statute of limitations for personal injury actions

  16. Section 202 - Cause of action accruing without the state

    N.Y. CPLR 202   Cited 589 times
    Limiting the limitations period for causes of action accruing outside of New York where the foreign jurisdiction imposes a shorter statute of limitations than the state does