18 Cited authorities

  1. Vega v. Restani Constr. Corp.

    2012 N.Y. Slip Op. 1148 (N.Y. 2012)   Cited 2,893 times   1 Legal Analyses
    Affirming denial of summary judgment
  2. Ortiz v. Varsity Holdings, LLC

    2011 N.Y. Slip Op. 9161 (N.Y. 2011)   Cited 513 times
    Denying the plaintiff's cross motion for summary judgment on his § 240 claim where there is any issue of fact as to whether there is an enumerated safety device that could have prevented his fall
  3. American List Corp. v. U.S. News & World Report, Inc.

    75 N.Y.2d 38 (N.Y. 1989)   Cited 225 times
    Holding that direct damages are "those which are the natural and probable consequence of the breach"
  4. Simon v. Electrospace Corp.

    28 N.Y.2d 136 (N.Y. 1971)   Cited 142 times
    Holding 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"
  5. Am. Elec. Power Co. v. Westinghouse Elec. Corp.

    418 F. Supp. 435 (S.D.N.Y. 1976)   Cited 110 times   1 Legal Analyses
    Upholding virtually identical clause
  6. Wood v. Duff-Gordon

    222 N.Y. 88 (N.Y. 1917)   Cited 580 times   3 Legal Analyses
    Holding 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
  7. Compania Embotelladora Del Pacifico, S.A. v. Pepsi Cola

    650 F. Supp. 2d 314 (S.D.N.Y. 2009)   Cited 35 times
    Finding 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."
  8. Long Island Lighting v. Transamerica

    646 F. Supp. 1442 (S.D.N.Y. 1986)   Cited 74 times   1 Legal Analyses
    Holding that tender of delivery occurred when the engines were delivered, not when they were finally installed, even where the seller "had continuing responsibility for supervising the installation"
  9. Cherokee Co. Cogen. v. Dynegy Mktg

    305 S.W.3d 309 (Tex. App. 2009)   Cited 30 times
    Holding direct lost profits recoverable although contract disallowed “consequential” damages
  10. Woods v. MONY Legacy Life Insurance

    84 N.Y.2d 280 (N.Y. 1994)   Cited 46 times
    Holding 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
  11. Section 5602 - Appeals to the court of appeals by permission

    N.Y. CPLR 5602   Cited 1,165 times
    Discussing appeals by permission to New York Court of Appeals
  12. 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