§Why CasetextPricing

Herbert Kolbe, et al., Appellants,v.Christine J. Tibbetts,, et al., Respondents.

Brief

38 Cited authorities

  1. Zuckerman v. City of N.Y.

    49 N.Y.2d 557 (N.Y. 1980)   Cited 24,815 times   9 Legal Analyses
    Granting summary judgment as the city's arguments were considered speculation and this was "patently inadequate to establish the existence of a factual issue requiring a trial . . ."

  2. W.W.W. Assocs v. Giancontieri

    77 N.Y.2d 157 (N.Y. 1990)   Cited 2,206 times   5 Legal Analyses
    Holding that extrinsic evidence was immaterial, in part because the contract plainly manifested intent that all prior understandings were merged into the contract, which expressed the parties' full agreement

  3. Vermont Teddy Bear Co. v. 538 Madison Realty Co.

    1 N.Y.3d 470 (N.Y. 2004)   Cited 669 times   1 Legal Analyses
    Finding no intent to add terms where sophisticated parties could have added a term, but failed to do so

  4. Schron v. Troutman Sanders LLP

    2013 N.Y. Slip Op. 952 (N.Y. 2013)   Cited 252 times   1 Legal Analyses
    Affirming a grant of New York state court motion to dismiss based on the application of the parol evidence rule

  5. Intern. U., United Auto., Aero., v. Yard-Man

    716 F.2d 1476 (6th Cir. 1983)   Cited 407 times   51 Legal Analyses
    Holding that there was "sufficient evidence" of intent to vest retirees with benefits "in the language of agreement itself

  6. Nichols v. Alcatel

    532 F.3d 364 (5th Cir. 2008)   Cited 190 times   1 Legal Analyses
    Holding that plaintiff retirees' "§ 502 claim is unlikely to succeed because the Retirees have offered no evidence that Plan B sustained losses; indeed, it would be impossible for them to do so since, as explained above, Plan B is an unfunded Plan"

  7. In re Westmoreland Coal Co. v. Entech, Inc.

    100 N.Y.2d 352 (N.Y. 2003)   Cited 197 times
    Holding claims that seller breached representations and warranties that its closing balance sheet was prepared in accordance with U.S. GAAP were subject to resolution by the courts, not arbitration

  8. International Union v. Skinner Engine Co.

    188 F.3d 130 (3d Cir. 1999)   Cited 188 times   4 Legal Analyses
    Holding that courts may infer from employer continuing to provide retiree benefits after termination of a collective bargaining agreement that retiree benefits were vested by that agreement

  9. Gordon v. Dino De Laurentiis Corp.

    141 A.D.2d 435 (N.Y. App. Div. 1988)   Cited 247 times
    Holding that "the complaint is fatally deficient because it does not demonstrate how the defendant's alleged breach of the confidentiality agreement caused plaintiffs any injury"

  10. Van Wagner Advertising Corp. v. S & M Enterprises

    67 N.Y.2d 186 (N.Y. 1986)   Cited 250 times   1 Legal Analyses
    Denying specific performance unless damages are "conjectural" and "cannot be calculated with reasonable certainty"

  11. Section 201 - Definitions

    N.Y. Civ. Serv. Law § 201   Cited 177 times
    Including any "public authority, commission, or public benefit corporation" in definition of "public employer"

  12. Section 5 - Deferred compensation

    N.Y. State Fin. Law § 5   Cited 5 times

    1. The deferred compensation board is hereby established, to consist of one member appointed by the governor, one member appointed by the temporary president of the senate and one member appointed by the speaker of the assembly. The board shall adopt rules and regulations regarding the standards and requirements of all deferred compensation plans established pursuant to this section, including selection of financial organizations for investment purposes. 2. a. Notwithstanding any other provision

  13. Section 9000.1 - Scope

    N.Y. Comp. Codes R. & Regs. tit. 9 § 9000.1

    This Subtitle applies to every deferred compensation plan established by the board or any local employer pursuant to section 5 of the State Finance Law. N.Y. Comp. Codes R. & Regs. Tit. 9 § 9000.1