25 Cited authorities

Espinal v. Melville Snow Contractors
98 N.Y.2d 136 (N.Y. 2002) Cited 1,915 times 1 Legal Analyses
Holding that contract requiring snow removal service to plow when snow accumulation reached three inches was "not the type of 'comprehensive and exclusive' property maintenance obligation contemplated" by previous case law
Clark-Fitzpatrick, Inc. v. Long Island Rail Road
70 N.Y.2d 382 (N.Y. 1987) Cited 2,932 times 1 Legal Analyses
Holding that, where plaintiff alleged that defendant failed to exercise "due care" in the design of a railroad project, plaintiff's negligence allegations were "merely a restatement, albeit in slightly different language, of the 'implied' contractual obligations asserted in the cause of action for breach of contract. Moreover, the damages plaintiff allegedly sustained as a consequence of defendant's violation of a 'duty of due care' in designing the project were clearly within contemplation of the written agreement."
N Y Univ v. Continental Ins Co.
87 N.Y.2d 308 (N.Y. 1995) Cited 1,901 times 5 Legal Analyses
Holding that allegations Of breach of contract "and any covenants implied" do not sound in fraud
Sommer v. Federal Signal Corp.
79 N.Y.2d 540 (N.Y. 1992) Cited 926 times 2 Legal Analyses
Holding that, in New York, "a party may not insulate itself from damages caused by grossly negligent conduct" through an exculpatory clause
Ferluckaj v. Goldman Sachs
2009 N.Y. Slip Op. 2483 (N.Y. 2009) Cited 193 times
In Ferluckaj, the court determined that a tenant-defendant was not liable as an "owner" under the labor law because it did not contract for the work done by the injured worker, and its general contractor did not subcontract work to the injured worker's employer.
Fourth Ocean v. Interstate
66 N.Y.2d 38 (N.Y. 1985) Cited 374 times
Holding that a party other than the contracting parties may enforce a contract only where "the language of the contract . . . clearly evidences an intent to permit enforcement by the third party"
Port Chester Elec. v. Atlas
40 N.Y.2d 652 (N.Y. 1976) Cited 381 times
Holding that action would be considered a special proceeding as to fraudulent transferees where plaintiff sued contract debtor as well as fraudulent transferees in plenary action
LaSalle National Bank v. Ernst Young
285 A.D.2d 101 (N.Y. App. Div. 2001) Cited 155 times 1 Legal Analyses
Dismissing breach of contract claim because "[t]he pleadings do not set forth any basis upon which we could construe the existence of third-party rights and that plaintiffs were intended to be the third-party beneficiaries"
Bloomfield v. Bloomfield
97 N.Y.2d 188 (N.Y. 2001) Cited 150 times
Applying section 203(d) to permit a wife's challenge to a 30-year-old prenuptial agreement propounded by her husband
Bellevue South Associates v. HRH Construction Corp.
78 N.Y.2d 282 (N.Y. 1991) Cited 154 times
Holding that "delamination of the tile [for which the plaintiff contracted the defendant to install] . . . was not an abrupt, cataclysmic occurrence, . . . but a process of failure of the product to perform as anticipated under normal business conditions"
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

Dormitory Authority of the State of New York, et al., Respondents,v.Samson Construction Co.,, et al., Defendants, Perkins Eastman Architects, P.C., Appellant.-------------------------------(And other actions)

25 Cited authorities

Holding that contract requiring snow removal service to plow when snow accumulation reached three inches was "not the type of 'comprehensive and exclusive' property maintenance obligation contemplated" by previous case law

Holding that allegations Of breach of contract "and any covenants implied" do not sound in fraud

Holding that, in New York, "a party may not insulate itself from damages caused by grossly negligent conduct" through an exculpatory clause

In Ferluckaj, the court determined that a tenant-defendant was not liable as an "owner" under the labor law because it did not contract for the work done by the injured worker, and its general contractor did not subcontract work to the injured worker's employer.

Holding that a party other than the contracting parties may enforce a contract only where "the language of the contract . . . clearly evidences an intent to permit enforcement by the third party"

Holding that action would be considered a special proceeding as to fraudulent transferees where plaintiff sued contract debtor as well as fraudulent transferees in plenary action

Dismissing breach of contract claim because "[t]he pleadings do not set forth any basis upon which we could construe the existence of third-party rights and that plaintiffs were intended to be the third-party beneficiaries"

Applying section 203(d) to permit a wife's challenge to a 30-year-old prenuptial agreement propounded by her husband

Holding that "delamination of the tile [for which the plaintiff contracted the defendant to install] . . . was not an abrupt, cataclysmic occurrence, . . . but a process of failure of the product to perform as anticipated under normal business conditions"