28 Cited authorities

Small v. Lorillard Tobacco Co.
94 N.Y.2d 43 (N.Y. 1999) Cited 694 times 7 Legal Analyses
Holding that where the underlying tort theory fails, "there is no independent tort to provide a basis for liability under . . . concert of action, conspiracy, and aiding and abetting theories"
Roberts v. Tishman Speyer Properties
2009 N.Y. Slip Op. 7480 (N.Y. 2009) Cited 372 times
In Roberts, this Court rejected DHCR's long-standing statutory interpretation and concluded that luxury deregulation was unavailable in any building during receipt of J–51 benefits (13 N.Y.3d at 285–287, 890 N.Y.S.2d 388, 918 N.E.2d 900).
Riley v. County of Broome
95 N.Y.2d 455 (N.Y. 2000) Cited 390 times
Holding that the legislative history of Vehicle and Traffic Law § 1103 evinces an intent to impose “a minimum standard of care” on operators of vehicles engaged in roadwork
Sperry v. Crompton Corp.
2007 N.Y. Slip Op. 1425 (N.Y. 2007) Cited 260 times 3 Legal Analyses
Holding that "the connection between the purchaser of tires and the producers of chemicals used in the rubbermaking process is simply too attenuated to support" the purchaser's claim of unjust enrichment
Raritan Development Corp. v. Silva
91 N.Y.2d 98 (N.Y. 1997) Cited 190 times
In Raritan, the question was whether "floor area" excludes "cellar space" (91 N.Y.2d at 100–101, 667 N.Y.S.2d 327, 689 N.E.2d 1373).
Chemical Specialties Manufacturers Ass'n v. Jorling
85 N.Y.2d 382 (N.Y. 1995) Cited 188 times
Using executive memorandum and Governor's Message of Approval to interpret New York environmental protection statutes
Drucker v. Mauro
30 A.D.3d 37 (N.Y. App. Div. 2006) Cited 92 times
In Drucker, the parties entered into a lease and rider pursuant to which the plaintiff's rented an apartment from the defendant.
Pesantez v. Boyle Envtl. Servs., Inc.
251 A.D.2d 11 (N.Y. App. Div. 1998) Cited 99 times
Holding that forty class members was "many more" than required to satisfy numerosity
Cox v. Microsoft Corp.
8 A.D.3d 39 (N.Y. App. Div. 2004) Cited 77 times
Holding that plaintiffs had sufficiently alleged "purposeful, deceptive monopolistic business practices" to survive a motion to dismiss their section 349 claim
Riverside Syndicate v. Munroe
2008 N.Y. Slip Op. 1028 (N.Y. 2008) Cited 64 times
Noting that the six-year statute of limitations for contract actions "does not make an agreement that was void at its inception valid by the mere passage of time"
Section 2520.11 - Applicability
N.Y. Comp. Codes R. & Regs. tit. 9 § 2520.11 Cited 114 times
Providing that cooperatives are exempt from regulation under the RSL “so long as they maintain [cooperative] status”
Section 2520.13 - Waiver of benefit void
N.Y. Comp. Codes R. & Regs. tit. 9 § 2520.13 Cited 47 times
An agreement by the tenant to waive the benefit of any provision of the RSL or this Code is void; provided, however, that based upon a negotiated settlement between the parties and with the approval of the DHCR, or a court of competent jurisdiction, or where a tenant is represented by counsel, a tenant may withdraw, with prejudice, any complaint pending before the DHCR. Such settlement shall be binding upon subsequent tenants. However, where the settlement encompasses surrender of occupancy by the
Section 600.14 - Motions for reargument or leave to appeal to the Court of Appeals
N.Y. Comp. Codes R. & Regs. tit. 22 § 600.14 Cited 22 times
(a) Reargument. Motions for reargument shall be made within 30 days after the appeal has been decided and shall be submitted without oral argument. The papers in support of the motion shall include a copy of the order entered upon the decision of this court, and shall concisely state the points claimed to have been overlooked or misapprehended by the court, with proper reference to the particular portions of the record and the authorities relied upon. (b) Leave to appeal. Applications for permission

Elisa Downing, et al., Respondents, v, First Lenox Terrace Associates, et al., Appellants.

28 Cited authorities

Holding that where the underlying tort theory fails, "there is no independent tort to provide a basis for liability under . . . concert of action, conspiracy, and aiding and abetting theories"

In Roberts, this Court rejected DHCR's long-standing statutory interpretation and concluded that luxury deregulation was unavailable in any building during receipt of J–51 benefits (13 N.Y.3d at 285–287, 890 N.Y.S.2d 388, 918 N.E.2d 900).

Holding that the legislative history of Vehicle and Traffic Law § 1103 evinces an intent to impose “a minimum standard of care” on operators of vehicles engaged in roadwork

Holding that "the connection between the purchaser of tires and the producers of chemicals used in the rubbermaking process is simply too attenuated to support" the purchaser's claim of unjust enrichment

In Raritan, the question was whether "floor area" excludes "cellar space" (91 N.Y.2d at 100–101, 667 N.Y.S.2d 327, 689 N.E.2d 1373).

Using executive memorandum and Governor's Message of Approval to interpret New York environmental protection statutes

In Drucker, the parties entered into a lease and rider pursuant to which the plaintiff's rented an apartment from the defendant.

Holding that forty class members was "many more" than required to satisfy numerosity

Holding that plaintiffs had sufficiently alleged "purposeful, deceptive monopolistic business practices" to survive a motion to dismiss their section 349 claim

Noting that the six-year statute of limitations for contract actions "does not make an agreement that was void at its inception valid by the mere passage of time"

Providing that cooperatives are exempt from regulation under the RSL “so long as they maintain [cooperative] status”