24 Cited authorities

  1. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 235,819 times   38 Legal Analyses
    Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"
  2. Matsushita Elec. Indus. Co. v. Zenith Radio

    475 U.S. 574 (1986)   Cited 112,942 times   38 Legal Analyses
    Holding that, on summary judgment, antitrust plaintiffs "must show that the inference of conspiracy is reasonable in light of the competing inferences of independent action or collusive action that could not have harmed" them
  3. Brass v. American Film Technologies, Inc.

    987 F.2d 142 (2d Cir. 1993)   Cited 1,914 times
    Holding that district courts may make use of "documents either in plaintiffs' possession or of which plaintiffs had knowledge and relied on in bringing suit" in evaluating Rule 12(b) motions
  4. Fujitsu Ltd. v. Federal Exp. Corp.

    247 F.3d 423 (2d Cir. 2001)   Cited 978 times   6 Legal Analyses
    Holding that conclusory allegations cannot defeat summary judgment
  5. D'Amico v. the City of New York

    132 F.3d 145 (2d Cir. 1998)   Cited 1,099 times
    Holding that party opposing summary judgment "may not rely on mere conclusory allegations nor speculation, but instead must offer some hard evidence showing that its version of the events is not wholly fanciful"
  6. Seiden Associates, Inc. v. Anc Holdings, Inc.

    959 F.2d 425 (2d Cir. 1992)   Cited 636 times
    Holding that "because the interrelationship of the two provisions . . . is susceptible to several reasonable interpretations . . . [i]t cannot be definitely and precisely gleaned which reading was intended by the parties" and extrinsic evidence is properly considered
  7. Lasalle Bank Nat. Ass'n v. Nomura Asset Cap

    424 F.3d 195 (2d Cir. 2005)   Cited 408 times
    Recognizing that a contract “should be construed so as to give full meaning and effect to all of its provisions”
  8. Intern. Multifoods Corp. v. Commercial Un. Ins. Co.

    309 F.3d 76 (2d Cir. 2002)   Cited 374 times   1 Legal Analyses
    Holding “[g]iven the competing inferences that can be drawn from the language,” the clause was ambiguous and remanding “for determination of the intent of the parties with respect to the meaning of” the clause
  9. Sayers v. Rochester Telephone Corp.

    7 F.3d 1091 (2d Cir. 1993)   Cited 479 times
    Holding that an "affidavit [wa]s immaterial to any determination of the parties' intent" because it was "[o]n the whole ... argumentative and conclusory"
  10. Compagnie Financiere v. Merrill Lynch

    232 F.3d 153 (2d Cir. 2000)   Cited 301 times
    Finding letters sent by the parties prior to the execution of an agreement to be probative extrinsic evidence
  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 328,160 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit