§Why CasetextPricing

Keren Elmaliach,, et al., Respondents,v.Bank of China Limited,, Appellant.

Brief

54 Cited authorities

  1. Lerner v. Fleet Bank, N.A.

    459 F.3d 273 (2d Cir. 2006)   Cited 1,189 times   4 Legal Analyses
    Holding that an aiding and abetting claim under New York law requires "an allegation that such defendant had actual knowledge of the breach of duty"

  2. Licci ex rel. Licci v. Lebanese Canadian Bank SAL

    673 F.3d 50 (2d Cir. 2012)   Cited 667 times   4 Legal Analyses
    Finding New York law applied to tort claim where all of the challenged conduct occurred in New York even though the plaintiffs' injuries occurred in Israel, where they were domiciled

  3. Matter Allstate

    81 N.Y.2d 219 (N.Y. 1993)   Cited 684 times   2 Legal Analyses
    Holding that "there is no conflict between New York and New Jersey law," and that even if there were a conflict, "New Jersey law [would] govern"

  4. Pulka v. Edelman

    40 N.Y.2d 781 (N.Y. 1976)   Cited 924 times
    Holding that parking garage owner had no special relationship to pedestrians passing by on sidewalk in front of garage exit and that garage had no duty to protect off-premise pedestrians from negligent conduct of patrons

  5. Hamilton v. Beretta U.S.A. Corp.

    96 N.Y.2d 222 (N.Y. 2001)   Cited 395 times   2 Legal Analyses
    Holding that handgun manufacturers do not owe a duty of reasonable care in the marketing and distribution of their handguns to persons injured or killed through the use of illegally obtained handguns, but leaving open the question of retailers' liability

  6. Schultz v. Boy Scouts of America, Inc.

    65 N.Y.2d 189 (N.Y. 1985)   Cited 638 times   1 Legal Analyses
    Finding that although misconduct occurred in New York, New Jersey was the locus of the tort because that was where plaintiffs' injuries occurred

  7. Cooney v. Osgood Mach

    81 N.Y.2d 66 (N.Y. 1993)   Cited 464 times   2 Legal Analyses
    Adopting situs of tort as "tie breaker" in true conflict cases

  8. D'Amico v. Christie

    71 N.Y.2d 76 (N.Y. 1987)   Cited 467 times
    Holding that application of dram shop law "requires a commercial sale of alcohol"

  9. Padula v. Lilarn Props. Corp.

    84 N.Y.2d 519 (N.Y. 1994)   Cited 323 times   1 Legal Analyses
    Recognizing loss allocating and conduct regulating aspects of law imposing strict and vicarious liability for failure to take adequate safety measures at work site but characterizing it as "primarily conduct regulating"

  10. Babcock v. Jackson

    12 N.Y.2d 473 (N.Y. 1963)   Cited 835 times   1 Legal Analyses
    Holding that under New York conflict of law rules, New York law governs case involving automobile accident taking place in Ontario

  11. Section 5701 - Appeals to appellate division from supreme and county courts

    N.Y. CPLR 5701   Cited 3,201 times   1 Legal Analyses

    (a) Appeals as of right. An appeal may be taken to the appellate division as of right in an action, originating in the supreme court or a county court: 1. from any final or interlocutory judgment except one entered subsequent to an order of the appellate division which disposes of all the issues in the action; or 2. from an order not specified in subdivision (b), where the motion it decided was made upon notice and it: (i) grants, refuses, continues or modifies a provisional remedy; or (ii) settles

  12. Section 5513 - Time to take appeal, cross-appeal or move for permission to appeal

    N.Y. CPLR 5513   Cited 3,034 times
    Establishing thirty-day deadline for appeal

  13. Section R2103 - Service of papers

    N.Y. C.P.L.R. § 2103   Cited 1,889 times
    Approving service by mail “made from outside the state”

  14. Section 5602 - Appeals to the court of appeals by permission

    N.Y. CPLR 5602   Cited 1,154 times
    Discussing appeals by permission to New York Court of Appeals

  15. Section 5318 - Compliance, exemptions, and summons authority

    31 U.S.C. § 5318   Cited 247 times   110 Legal Analyses
    Setting forth legal mechanisms to ensure compliance with federal reporting requirements

  16. Section 5321 - Civil penalties

    31 U.S.C. § 5321   Cited 184 times   73 Legal Analyses
    Permitting the imposition of a civil penalty not to exceed $100,000 or the value of the bank account at the time of the violation, whichever is greater, for willful violations

  17. Section 21.11 - Suspicious Activity Report

    12 C.F.R. § 21.11   Cited 23 times   1 Legal Analyses
    Requiring financial institutions to file suspicious activity reports for transactions aggregating $5,000 or more that involve potential money laundering or violate the Bank Secrecy Act, including any transaction involving a transfer of $5,000 or more in funds "if the bank knows, suspects, or has reason to suspect that…[t]he transaction has no business or apparent lawful purpose or is not the sort in which the particular customer would normally be excepted to engage, and the institution knows of no reasonable explanation for the transaction after examining the available facts, including the background and possible purpose of the transaction"

  18. Section 21.21 - Procedures for monitoring Bank Secrecy Act (BSA) compliance

    12 C.F.R. § 21.21   Cited 7 times   5 Legal Analyses

    (a)Purpose. This subpart is issued to assure that all national banks and savings associations establish and maintain procedures reasonably designed to assure and monitor their compliance with the requirements of subchapter II of chapter 53 of title 31, United States Code, and the implementing regulations promulgated thereunder by the Department of the Treasury at 31 CFR Chapter X. (b)Definition of savings association. For purposes of this subpart C, the term savings association means a savings association