Zuckerman v. City of N.Y.
49 N.Y.2d 557 (N.Y. 1980) Cited 24,769 times 9 Legal AnalysesGranting 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 . . ."
American List Corp. v. U.S. News & World Report, Inc.
75 N.Y.2d 38 (N.Y. 1989) Cited 224 timesHolding that direct damages are "those which are the natural and probable consequence of the breach"
Tall Trees Construction Corp. v. Zoning Board of Appeals
97 N.Y.2d 86 (N.Y. 2001) Cited 149 times 1 Legal AnalysesIn Tall Trees Construction Corp., though, the court held that because the Board did not have to make any findings of fact, the court's appellate review was not limited to such findings when deciding whether the procedural dismissal was arbitrary or capricious.
Simon v. Electrospace Corp.
28 N.Y.2d 136 (N.Y. 1971) Cited 141 timesHolding specific performance was not proper remedy for defendant's breach of agreement to deliver stock that was "property not unique and available on a public market"
Wood v. Duff-Gordon
222 N.Y. 88 (N.Y. 1917) Cited 579 times 3 Legal AnalysesHolding that where a fashion designer granted her agent the exclusive right, for at least a year, to use the designer's "indorsements" on third parties' garments in exchange for one-half of the profits from the agent's efforts, "a promise [was] fairly to be implied" by the agent to "use reasonable efforts" to bring at least some profits into existence
Compania Embotelladora Del Pacifico, S.A. v. Pepsi Cola
650 F. Supp. 2d 314 (S.D.N.Y. 2009) Cited 34 timesFinding a materially-similar EBA between PepsiCo and its exclusive bottler for certain parts of Peru did not "contain any express language" requiring PepsiCo to take affirmative steps "to prevent other bottlers and third-parties" from selling PepsiCo products in that territory, and declining "to read such obligations into the EBA."
Woods v. MONY Legacy Life Insurance
84 N.Y.2d 280 (N.Y. 1994) Cited 46 timesHolding an insurance company was engaged in the business of banking for purposes of article 4 when it administered plaintiff's money market account resembling an ordinary checking account
In re N.Y. State Ass. of Crim. Def. Law. v. Kaye
96 N.Y.2d 512 (N.Y. 2001) Cited 25 timesDecided June 14, 2001. Appeal, by permission of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the Third Judicial Department, entered June 22, 2000, which affirmed a judgment of the Supreme Court (Dan Lamont, J.; opn 182 Misc.2d 85), entered in Albany County in a proceeding pursuant to CPLR article 78, dismissing a petition to review an order approving a reduction in the fee schedule application to court-appointed private counsel in capital cases. Jay Cohen
Canusa Corp. v. a R Lobosco, Inc.
986 F. Supp. 723 (E.D.N.Y. 1997) Cited 23 timesApplying New York law
V.S. International v. Boyden World Corp.
862 F. Supp. 1188 (S.D.N.Y. 1994) Cited 24 timesHolding that although plaintiff may have given defendant written notice and an opportunity to cure the breach, he did not terminate the contract and thus elected to continue it