43 Cited authorities

Negri v. Stop and Shop, Inc.
65 N.Y.2d 625 (N.Y. 1985) Cited 678 times
Holding that circumstantial evidence that broken jars of baby food were on the floor for fifteen to twenty minutes tended to show that supermarket had constructive notice of the dangerous condition
Simonds v. Simonds
45 N.Y.2d 233 (N.Y. 1978) Cited 561 times 1 Legal Analyses
Holding that an interest obtained through an agreement supported by consideration “is superior to that of a named beneficiary who has given no consideration”
Zanett Lombardier, Ltd. v. Maslow
29 A.D.3d 495 (N.Y. App. Div. 2006) Cited 208 times
Finding "conclusory statement of (defendant's) intent did not adequately plead sufficient details of scienter"
Brown v. Lockwood
76 A.D.2d 721 (N.Y. App. Div. 1980) Cited 342 times 2 Legal Analyses
Noting that "a fiduciary or confidential relationship warrant the trusting party to repose his confidence in the defendant"
Messner Vetere Berger McNamee Schmetterer Euro RSCG Inc. v. Aegis Group plc
93 N.Y.2d 229 (N.Y. 1999) Cited 195 times
In Aegis Group, the Court of Appeals corrected the Second Circuit's statement that "[the Court of Appeals] has recognized a parallel judicially-created part performance exception to [N.Y. Gen. Oblig. Law] § 5-701" and clarified that "[it had] not in fact adopted that proposition."
In re Kellogg Brown & Root, Inc.
756 F.3d 754 (D.C. Cir. 2014) Cited 110 times 53 Legal Analyses
Holding that appeal of disclosure order after final judgment "will often come too late" because "the cat is out of the bag"
Stuart Silver Associates, Inc. v. Baco Development Corp.
245 A.D.2d 96 (N.Y. App. Div. 1997) Cited 166 times 1 Legal Analyses
Holding that "where `a party has the means to discover the true nature of the transaction by the exercise of ordinary intelligence and fails to make use of those means, he cannot claim justifiable reliance on defendant's misrepresentations.'"
Levin v. Kitsis
82 A.D.3d 1051 (N.Y. App. Div. 2011) Cited 107 times
In Levin, the plaintiffs alleged that the defendant husband and wife "improperly assigned, without consideration, a consolidated mortgage interest to L'Esperanza, a corporation owned and controlled by their daughter, Anna Kitsis." Id.
Meinhard v. Salmon
249 N.Y. 458 (N.Y. 1928) Cited 1,170 times 6 Legal Analyses
Holding a co-venturer breached his duty of loyalty when he extended the lease on commercial property and excluded his co-venturer from the opportunity
Martin v. City of Albany
42 N.Y.2d 13 (N.Y. 1977) Cited 223 times
Holding that actual malice is typically shown by circumstantial evidence, including a lack of probable cause

In the Matter of Kevin Aoki, et al., Petitioners,v.Echo Aoki, et al., Respondents.---------------------------------Devon Aoki, et al. Respondents, Keiko Ono Aoki, Appellant.

43 Cited authorities

Holding that circumstantial evidence that broken jars of baby food were on the floor for fifteen to twenty minutes tended to show that supermarket had constructive notice of the dangerous condition

Holding that an interest obtained through an agreement supported by consideration “is superior to that of a named beneficiary who has given no consideration”

Finding "conclusory statement of (defendant's) intent did not adequately plead sufficient details of scienter"

Noting that "a fiduciary or confidential relationship warrant the trusting party to repose his confidence in the defendant"

In Aegis Group, the Court of Appeals corrected the Second Circuit's statement that "[the Court of Appeals] has recognized a parallel judicially-created part performance exception to [N.Y. Gen. Oblig. Law] § 5-701" and clarified that "[it had] not in fact adopted that proposition."

Holding that appeal of disclosure order after final judgment "will often come too late" because "the cat is out of the bag"

Holding that "where `a party has the means to discover the true nature of the transaction by the exercise of ordinary intelligence and fails to make use of those means, he cannot claim justifiable reliance on defendant's misrepresentations.'"

In Levin, the plaintiffs alleged that the defendant husband and wife "improperly assigned, without consideration, a consolidated mortgage interest to L'Esperanza, a corporation owned and controlled by their daughter, Anna Kitsis." Id.

Holding a co-venturer breached his duty of loyalty when he extended the lease on commercial property and excluded his co-venturer from the opportunity

Holding that actual malice is typically shown by circumstantial evidence, including a lack of probable cause