§Why CasetextPricing

Cappiello v. ICD Publications, Inc. et al

MEMORANDUM OF OPINION AND ORDER - It is hereby: ORDERED, that the Defendants 88 motion pursuant to Rule 60

32 Cited authorities

  1. Peacock v. Thomas

    516 U.S. 349 (1996)   Cited 759 times   2 Legal Analyses
    Holding that the Court lacked ancillary jurisdiction to hear claims brought after underlying suit was resolved and where allegations in subsequent suit, which sought to pierce the corporate veil, had "little or no factual interdependence" with underlying question of whether corporate officers had breached their fiduciary duty

  2. Kaiser Aluminum Chemical Corp. v. Bonjorno

    494 U.S. 827 (1990)   Cited 857 times   2 Legal Analyses
    Holding that the "plain language" of the newly enacted federal post-judgment interest statute, 28 U.S.C. § 1961, which requires that interest "`be calculated from the date of the entry of the judgment,'" "evidences clear congressional intent that [the provision] is not applicable to judgments entered before its effective date."

  3. Buchanan v. Stanships, Inc.

    485 U.S. 265 (1988)   Cited 155 times
    Holding that a motion for costs raises issues "wholly collateral" to the merits

  4. Westinghouse Credit Corp. v. D'Urso

    371 F.3d 96 (2d Cir. 2004)   Cited 275 times
    Holding that an award of post-judgment interest under 28 U.S.C. § 1961 is subject to de novo review

  5. Schipani v. McLeod

    541 F.3d 158 (2d Cir. 2008)   Cited 212 times
    Holding that post-judgment interest is mandatory and calculated pursuant to federal statute

  6. Lewis v. Whelan

    99 F.3d 542 (2d Cir. 1996)   Cited 186 times
    Holding that postjudgment interest accrues from the date of entry on remand.

  7. FCS Advisors, Inc. v. Fair Finance Co.

    378 F. App'x 65 (2d Cir. 2010)   Cited 71 times   1 Legal Analyses
    Holding that § 1961 applied where the parties' agreement failed to specify that the selected interest rate applied to either judgements or judgment debts

  8. Hartman v. Morganstern

    28 A.D.3d 423 (N.Y. App. Div. 2006)   Cited 75 times

    2004-10505. April 4, 2006. In an action to recover damages for legal malpractice, the defendants appeal from an order of the Supreme Court, Nassau County (Mahon, J.), dated October 20, 2004, which denied their motion to dismiss the complaint pursuant to CPLR 3211 (a) (1) and (7). Catalano, Gallardo Petropoulos, LLP, Jericho, N.Y. (Gary Petropoulos of counsel), for appellants. Cronin Byczek, LLP, Lake Success, N.Y. (Howard Greenwald of counsel), for respondent. Before: Schmidt, J.P., Krausman, Mastro

  9. Carte Blanche

    888 F.2d 260 (2d Cir. 1989)   Cited 120 times   1 Legal Analyses
    Holding the federal rate applied despite award of interest "to the date of payment"

  10. McNickle v. Bankers Life and Cas. Co.

    888 F.2d 678 (10th Cir. 1989)   Cited 84 times
    Holding that, in a diversity case like this, "[t]he issue of possible entitlement to prejudgment interest is governed by state law"

  11. Section 1332 - Diversity of citizenship; amount in controversy; costs

    28 U.S.C. § 1332   Cited 111,949 times   572 Legal Analyses
    Holding district court has jurisdiction over action between diverse citizens "where the matter in controversy exceeds the sum or value of $75,000"

  12. Rule 60 - Relief from a Judgment or Order

    Fed. R. Civ. P. 60   Cited 53,839 times   147 Legal Analyses
    Granting relief from the operation of a judgment

  13. Section 1961 - Interest

    28 U.S.C. § 1961   Cited 11,474 times   25 Legal Analyses
    Holding that § 6621 applies to internal revenue tax cases

  14. Rule 62 - Stay of Proceedings to Enforce a Judgment

    Fed. R. Civ. P. 62   Cited 4,148 times   14 Legal Analyses
    Granting of stay is discretionary

  15. Rule 69 - Execution

    Fed. R. Civ. P. 69   Cited 3,986 times   6 Legal Analyses
    Adopting state law for procedures to execute judgments and obtain relevant discovery

  16. Section 1962 - Lien

    28 U.S.C. § 1962   Cited 220 times
    Requiring federal court judgments to be treated like judgments awarded in courts of the state where the federal court is located

  17. Section 5018 - Docketing of judgment

    N.Y. CPLR 5018   Cited 102 times

    (a) Docketing by clerk; docketing elsewhere by transcript. Immediately after filing the judgment-roll the clerk shall docket a money judgment, and at the request of any party specifying the particular adverse party or parties against whom docketing shall be made, the clerk shall so docket a judgment affecting the title to real property, provided, however, that where the clerk maintains a section and block index, a judgment affecting the title to, or the possession, use or enjoyment of, real property

  18. Section 8018 - Index number fees of county clerks

    N.Y. C.P.L.R. § 8018   Cited 31 times

    (a) Amount of fee. 1. A county clerk is entitled, for the assignment of an index number to an action pending in a court of which he or she is clerk, to a fee of: (i) one hundred ninety dollars; and (ii) in an action to foreclose pursuant to article thirteen of the real property actions and proceedings law, such clerk is entitled to collect an additional fee of one hundred ninety dollars. Such fees are payable in advance. 2. The filing of a transcript of judgment in the county clerk's office is not