18 Cited authorities

511 West 232nd Owners Corp. v. Jennifer Realty Co.
98 N.Y.2d 144 (N.Y. 2002) Cited 2,080 times 2 Legal Analyses
Holding that the plaintiffs sufficiently pled a breach of the implied covenant of good faith and fair dealing by alleging that the defendant, which contracted to convert its building into a cooperative, rejected bona fide purchase offers from prospective tenants
A. G. Ship Maintenance Corp. v. Lezak
69 N.Y.2d 1 (N.Y. 1986) Cited 487 times 1 Legal Analyses
In A.G. Ship Maintenance, the Court of Appeals remarked that since the problem of abusive litigation practices was most effectively dealt with by plenary rule rather than by ad hoc judicial decision, sanctions could not be imposed in the absence of court rule or statute.
Hecht v. City of New York
60 N.Y.2d 57 (N.Y. 1983) Cited 378 times
Upholding Appellate Division's dismissal of negligence complaint because gap in sidewalk was trivial and therefore not actionable
Graubard Mollen v. Moskovitz
86 N.Y.2d 112 (N.Y. 1995) Cited 193 times
Holding that fraud claim could survive summary judgment because "a false statement of intention is sufficient to support an action for fraud, even where that statement relates to an agreement between the parties"
Burke v. Crosson
85 N.Y.2d 10 (N.Y. 1995) Cited 153 times
Argued January 5, 1995 Decided February 9, 1995 Appeal from the Supreme Court, Onondaga County, Rosemary S. Pooler, J. Dennis C. Vacco, Attorney-General, Albany (Frank K. Walsh, Jerry Boone and Peter H. Schiff of counsel), for Edward Regan and another, appellants. Michael Colodner, New York City, John Eiseman and John J. Sullivan for Matthew T. Crosson, appellant. Julian Pertz, P.C., Utica (Robert F. Julian of counsel), for respondents. TITONE, J. Plaintiffs, three Onondaga County Court Judges, commenced
Nestor v. McDowell
81 N.Y.2d 410 (N.Y. 1993) Cited 137 times
In Nestor v. McDowell, the "central relief" the plaintiff sought was a possessory judgment (seeNestor v. McDowell, 81 N.Y.2d at 416, 599 N.Y.S.2d 507, 615 N.E.2d 991).
Access Point Medical, LLC v. Mandell
106 A.D.3d 40 (N.Y. App. Div. 2013) Cited 73 times
Holding that plaintiffs' use of the term "disgorgement" should not distort the nature of its claim, which was a demand for the return of attorneys' fees they paid to defendants, and thus, "essentially, a claim for monetary damages"
Matter of Duell v. Condon
84 N.Y.2d 773 (N.Y. 1995) Cited 106 times
In Duell, the landlord argued that the underlying eviction proceeding fell outside the scope of Real Property Law § 234 because the proceeding was based on the tenant's failure to occupy the premises as a primary residence, a requirement mandated by law, not by the terms of the lease.
Dinicu v. Groff Studios Corp.
257 A.D.2d 218 (N.Y. App. Div. 1999) Cited 75 times 2 Legal Analyses
Finding that cooperative board could not be personally liable for tortiously inducing breach of contract
Excelsior 57th Corp. v. Winters
227 A.D.2d 146 (N.Y. App. Div. 1996) Cited 76 times
Finding the petitioner-landlord was the prevailing party, upon the court's determination of entitlement of approximately 50 of 54 months of rent arrearages from the tenant, and tenant having received only four and a half months of rent abatement after having sought 24 months

Graham Court Owner's Corp., Appellant,v.Kyle Taylor, Respondent.

18 Cited authorities

Holding that the plaintiffs sufficiently pled a breach of the implied covenant of good faith and fair dealing by alleging that the defendant, which contracted to convert its building into a cooperative, rejected bona fide purchase offers from prospective tenants

In A.G. Ship Maintenance, the Court of Appeals remarked that since the problem of abusive litigation practices was most effectively dealt with by plenary rule rather than by ad hoc judicial decision, sanctions could not be imposed in the absence of court rule or statute.

Upholding Appellate Division's dismissal of negligence complaint because gap in sidewalk was trivial and therefore not actionable

Holding that fraud claim could survive summary judgment because "a false statement of intention is sufficient to support an action for fraud, even where that statement relates to an agreement between the parties"

In Nestor v. McDowell, the "central relief" the plaintiff sought was a possessory judgment (seeNestor v. McDowell, 81 N.Y.2d at 416, 599 N.Y.S.2d 507, 615 N.E.2d 991).

Holding that plaintiffs' use of the term "disgorgement" should not distort the nature of its claim, which was a demand for the return of attorneys' fees they paid to defendants, and thus, "essentially, a claim for monetary damages"

In Duell, the landlord argued that the underlying eviction proceeding fell outside the scope of Real Property Law § 234 because the proceeding was based on the tenant's failure to occupy the premises as a primary residence, a requirement mandated by law, not by the terms of the lease.

Finding that cooperative board could not be personally liable for tortiously inducing breach of contract

Finding the petitioner-landlord was the prevailing party, upon the court's determination of entitlement of approximately 50 of 54 months of rent arrearages from the tenant, and tenant having received only four and a half months of rent abatement after having sought 24 months