52 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 254,433 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
  2. L-7 Designs, Inc. v. Old Navy, LLC

    647 F.3d 419 (2d Cir. 2011)   Cited 1,210 times   2 Legal Analyses
    Holding that on a motion for judgment on the pleadings, a court may, in addition to the complaint itself, consider "any written instrument attached to it as an exhibit, materials incorporated in it by reference, and documents that, although not incorporated by reference, are ‘integral to the complaint"
  3. Kaufman v. Cohen

    307 A.D.2d 113 (N.Y. App. Div. 2003)   Cited 1,170 times   4 Legal Analyses
    Holding that misrepresentations by one business partner to other partners about the value of a business interest was "essential" to completing the underlying misappropriation of a business opportunity
  4. Staehr v. Hartford Financial Serv

    547 F.3d 406 (2d Cir. 2008)   Cited 864 times   1 Legal Analyses
    Holding that matters judicially noticed by a court "are not considered matters outside the pleadings"
  5. IDT Corp. v. Morgan Stanley Dean Witter & Co.

    2009 N.Y. Slip Op. 2262 (N.Y. 2009)   Cited 849 times
    Holding that unjust enrichment "is an obligation imposed by equity to prevent injustice, in the absence of an actual agreement between the parties concerned. Where the parties executed a valid and enforceable written contract governing a particular subject matter, recovery on a theory of unjust enrichment for events arising out of that subject matter is ordinarily precluded."
  6. Saratoga Cty. Chamber of Commerce v. Pataki

    100 N.Y.2d 801 (N.Y. 2003)   Cited 639 times   2 Legal Analyses
    Holding that approval of Indian gaming compact by the governor usurped the power of the legislature and violated the state constitution and the separation of powers doctrine
  7. Blue Tree Hotels v. Starwood Hotels Resorts

    369 F.3d 212 (2d Cir. 2004)   Cited 548 times
    Holding that a Court may consider public records, such as complaints filed in state court, in deciding a motion to dismiss under Fed.R.Civ.P. 12(b)
  8. Salyton v. American Exp. Co.

    460 F.3d 215 (2d Cir. 2006)   Cited 361 times
    Holding that dismissal with leave to amend is a non-final order that is not appealable since the litigation may continue via an amendment to the complaint
  9. Ely-Cruikshank Co. v. Bank

    81 N.Y.2d 399 (N.Y. 1993)   Cited 495 times
    Holding that the statute of limitations accrues from time of breach
  10. Conopco, Inc. v. Campbell Soup Company

    95 F.3d 187 (2d Cir. 1996)   Cited 271 times   5 Legal Analyses
    Holding that when the statute of limitations period has not run, a defendant may claim laches but has the burden of proof to demonstrate it
  11. 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 347,669 times   925 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  12. Rule 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 91,039 times   91 Legal Analyses
    Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint
  13. Section 202 - Cause of action accruing without the state

    N.Y. CPLR 202   Cited 583 times
    Limiting the limitations period for causes of action accruing outside of New York where the foreign jurisdiction imposes a shorter statute of limitations than the state does