§Why CasetextPricing

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

Brief

44 Cited authorities

  1. Weinberger v. Romero-Barcelo

    456 U.S. 305 (1982)   Cited 1,765 times   4 Legal Analyses
    Holding that Federal Water Pollution Control Act did not mandate injunctions against its violation

  2. S.E. C. v. Capital Gains Bureau

    375 U.S. 180 (1963)   Cited 659 times   38 Legal Analyses
    Holding that an investment adviser who purchases a security for his own account and then recommends the same security to his client without disclosing that ownership violates the antifraud provision of the Act and breaches his fiduciary duty

  3. Hecht Co. v. Bowles

    321 U.S. 321 (1944)   Cited 973 times
    Holding no clear intent to strip traditional discretion in statute that provided that an injunction or other order "shall be granted" "upon a showing ... that [the defendant] has engaged or is about to engage in [prohibited] acts or practices"

  4. Kirschner v. KPMG LLP

    2010 N.Y. Slip Op. 7415 (N.Y. 2010)   Cited 314 times   8 Legal Analyses
    Noting the "fundamental principle that ... the acts of agents, ... while acting within the scope of their authority are presumptively imputed to their principals"

  5. Matter of Stortecky v. Mazzone

    85 N.Y.2d 518 (N.Y. 1995)   Cited 315 times   1 Legal Analyses
    Holding that Surrogate has the authority to inquire into the reasonableness of counsel's fee

  6. 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."

  7. Amalfitano v. Rosenberg

    2009 N.Y. Slip Op. 1069 (N.Y. 2009)   Cited 113 times   1 Legal Analyses
    Holding that an attempted, but unsuccessful, deceit may provide a basis for a claim under Judiciary Law § 487

  8. 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

  9. Matter of Greiff

    92 N.Y.2d 341 (N.Y. 1998)   Cited 107 times
    In Matter of Greiff, 92 N.Y.2d 341 (1998), the Court of Appeals considered the proper burden of persuasion as to the legality and enforceability of a prenuptial agreement, without considering promissory estoppel.

  10. Benihana of Tokyo, Inc. v. Benihana, Inc.

    891 A.2d 150 (Del. Ch. 2005)   Cited 82 times
    Concluding that a majority of the directors were independent and disinterested

  11. 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