16 Cited authorities

Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 276,716 times 369 Legal Analyses
Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing
Pioneer Investment Services Company v. Brunswick Associates Limited Partnership
507 U.S. 380 (1993) Cited 7,918 times 14 Legal Analyses
Holding that clients must be held accountable for the acts and omissions of their attorneys
Foman v. Davis
371 U.S. 178 (1962) Cited 29,475 times 4 Legal Analyses
Holding that an appeal was improperly dismissed when the record as a whole — including a timely but incomplete notice of appeal and a premature but complete notice — revealed the orders petitioner sought to appeal
American Pipe Construction Co. v. Utah
414 U.S. 538 (1974) Cited 2,155 times 163 Legal Analyses
Holding the commencement of a class action "suspends the applicable statute of limitations as to all asserted members of the class who would have been parties had the suit been permitted to continue as a class action"
Dougherty v. Town of N. Hempstead Bd. of Zoning
282 F.3d 83 (2d Cir. 2002) Cited 1,125 times 4 Legal Analyses
Holding that because "Dougherty [n]either sought, [n]or was denied, a variance," he "has not received a final decision under Williamson"
Stevens v. Miller
676 F.3d 62 (2d Cir. 2012) Cited 280 times
Concluding that the state's Rule 60(b) motion was "nothing more than a late Rule 60(b) motion."
Jones v. New York State Div. of Military and Naval Affairs
166 F.3d 45 (2d Cir. 1998) Cited 305 times
Holding the intramilitary immunity applies to suits for damages under 42 U.S.C. § 1983
Cruz v. TD Bank, N.A.
2013 N.Y. Slip Op. 7762 (N.Y. 2013) Cited 122 times
Stating that New York courts have "declined to recognize a private right of action in instances where ‘the Legislature specifically considered and expressly provided for enforcement mechanisms’ in the statute itself" (quoting Mark G. v. Sabol , 93 N.Y.2d 710, 720, 695 N.Y.S.2d 730, 717 N.E.2d 1067 (1999) )
Cruz v. TD Bank, N.A.
742 F.3d 520 (2d Cir. 2013) Cited 65 times
Noting that an Article 52 special proceeding is the exclusive mechanism for relief for violations of the Exempt Income Protection Act, which is codified in scattered sections of CPLR Article 52
Giovanniello v. ALM Media, LLC
726 F.3d 106 (2d Cir. 2013) Cited 63 times 1 Legal Analyses
Holding that the state-oriented language in the TCPA was intended “merely [to] permit states to open or close their courthouse doors to TCPA claims”
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 357,835 times 950 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 15 - Amended and Supplemental Pleadings
Fed. R. Civ. P. 15 Cited 93,795 times 92 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
Rule 60 - Relief from a Judgment or Order
Fed. R. Civ. P. 60 Cited 55,111 times 152 Legal Analyses
Granting relief from the operation of a judgment
Section 5240 - Modification or protective order; supervision of enforcement
N.Y. C.P.L.R. § 5240 Cited 457 times
Stating a court "may ... make an order ...."
Section 5239 - Proceeding to determine adverse claims
N.Y. C.P.L.R. § 5239 Cited 225 times
Proceeding to determine adverse claims

Cruz v. TD Bank, N.A.

16 Cited authorities

Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

Holding that clients must be held accountable for the acts and omissions of their attorneys

Holding that an appeal was improperly dismissed when the record as a whole — including a timely but incomplete notice of appeal and a premature but complete notice — revealed the orders petitioner sought to appeal

Holding the commencement of a class action "suspends the applicable statute of limitations as to all asserted members of the class who would have been parties had the suit been permitted to continue as a class action"

Holding that because "Dougherty [n]either sought, [n]or was denied, a variance," he "has not received a final decision under Williamson"

Concluding that the state's Rule 60(b) motion was "nothing more than a late Rule 60(b) motion."

Holding the intramilitary immunity applies to suits for damages under 42 U.S.C. § 1983

Noting that an Article 52 special proceeding is the exclusive mechanism for relief for violations of the Exempt Income Protection Act, which is codified in scattered sections of CPLR Article 52

Holding that the state-oriented language in the TCPA was intended “merely [to] permit states to open or close their courthouse doors to TCPA claims”

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

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

Granting relief from the operation of a judgment

Stating a court "may ... make an order ...."

Proceeding to determine adverse claims