32 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 253,227 times 279 Legal Analyses
Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 267,097 times 365 Legal Analyses
Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "
Chambers v. Time Warner, Inc.
282 F.3d 147 (2d Cir. 2002) Cited 6,257 times 5 Legal Analyses
Holding extrinsic materials were not "integral" to the complaint because the complaint "d[id] not refer to the[m]" and "plaintiffs apparently did not rely on them in drafting it"
Mandarin v. Wildenstein
2011 N.Y. Slip Op. 741 (N.Y. 2011) Cited 1,607 times 5 Legal Analyses
Holding that plaintiff must allege a misrepresentation or a material omission of fact which was "false and known to be false"
Corsello v. Verizon N.Y., Inc.
2012 N.Y. Slip Op. 2343 (N.Y. 2012) Cited 961 times
Holding that "[t]o the extent that these claims succeed, the unjust enrichment claim is duplicative; if plaintiffs' other claims are defective, an unjust enrichment claim cannot remedy the defects"
Harris v. Seward Park
79 A.D.3d 425 (N.Y. App. Div. 2010) Cited 798 times
Holding that "elements of such a [breach of contract] claim include the existence of a contract, the plaintiff's performance thereunder, the defendant's breach thereof, and resulting damages."
Beth Israel Med. v. Hori. Blue Cross
448 F.3d 573 (2d Cir. 2006) Cited 663 times
Holding that whether a hospital's failure to object to a lower reimbursement rate over a period of eight years constituted a waiver of its contractual right to the higher reimbursement rate was a question of fact
Benak ex Rel. Alliance v. Alliance Capital
435 F.3d 396 (3d Cir. 2006) Cited 325 times
Holding dismissal is appropriate where "it appears to a certainty that no relief could be granted under any set of facts which could be proved."
Bynog v. Cipriani Grp., Inc.
1 N.Y.3d 193 (N.Y. 2003) Cited 255 times 1 Legal Analyses
Finding waiters as independent contractors when waiters worked at their own discretion, worked for competitors, and received limited instructions
Edge Management Consulting, Inc. v. Blank
25 A.D.3d 364 (N.Y. App. Div. 2006) Cited 170 times 1 Legal Analyses
Holding that an entity was barred from obtaining common-law indemnification as it was under a contractual and statutory duty to maintain premises, and thus fault would have been demonstrated if the entity was found liable in the underlying action
Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing
Fed. R. Civ. P. 12 Cited 346,412 times 923 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 156,479 times 194 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Section 190 - Definitions
N.Y. Lab. Law § 190 Cited 957 times 7 Legal Analyses
Defining "wages" as "earnings for labor or services rendered"
Section 191 - Frequency of payments
N.Y. Lab. Law § 191 Cited 510 times 17 Legal Analyses
Providing that " commission salesperson shall be paid wages . . ., commissions and all other monies earned or payable in accordance with the agreed terms of employment"
Section 193 - Deductions from wages
N.Y. Lab. Law § 193 Cited 465 times 42 Legal Analyses
Describing the limited circumstances in which employers may deduct wages
Section 198-C - Benefits or wage supplements
N.Y. Lab. Law § 198-C Cited 118 times 1 Legal Analyses
Providing for employee recovery of unreimbursed expenses from employers

Cantona et al v. New York Cosmos LLC

32 Cited authorities

Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

Holding extrinsic materials were not "integral" to the complaint because the complaint "d[id] not refer to the[m]" and "plaintiffs apparently did not rely on them in drafting it"

Holding that plaintiff must allege a misrepresentation or a material omission of fact which was "false and known to be false"

Holding that "[t]o the extent that these claims succeed, the unjust enrichment claim is duplicative; if plaintiffs' other claims are defective, an unjust enrichment claim cannot remedy the defects"

Holding that "elements of such a [breach of contract] claim include the existence of a contract, the plaintiff's performance thereunder, the defendant's breach thereof, and resulting damages."

Holding that whether a hospital's failure to object to a lower reimbursement rate over a period of eight years constituted a waiver of its contractual right to the higher reimbursement rate was a question of fact

Holding dismissal is appropriate where "it appears to a certainty that no relief could be granted under any set of facts which could be proved."

Finding waiters as independent contractors when waiters worked at their own discretion, worked for competitors, and received limited instructions

Holding that an entity was barred from obtaining common-law indemnification as it was under a contractual and statutory duty to maintain premises, and thus fault would have been demonstrated if the entity was found liable in the underlying action

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Defining "wages" as "earnings for labor or services rendered"

Providing that " commission salesperson shall be paid wages . . ., commissions and all other monies earned or payable in accordance with the agreed terms of employment"

Describing the limited circumstances in which employers may deduct wages

Providing for employee recovery of unreimbursed expenses from employers