§Why CasetextPricing

Deutsche Bank National Trust Company, solely in its capacity as Trustee for the Harborview Mortgage Loan Trust Series 2007-7, Appellant,v.Flagstar Capital Markets Corporation, Defendant, Quicken Loans, Inc., Respondent.

Brief

31 Cited authorities

  1. Leon v. Martinez

    84 N.Y.2d 83 (N.Y. 1994)   Cited 9,580 times   4 Legal Analyses
    Holding that the allegations in the complaint and the supporting affidavits were adequate to withstand a motion to dismiss

  2. Rovello v. Orofino Realty Co.

    40 N.Y.2d 633 (N.Y. 1976)   Cited 2,265 times   1 Legal Analyses
    Ruling that on motion to dismiss under CPLR 3211, "court may freely consider affidavits submitted by the plaintiff to remedy any defects in the complaint"

  3. Vermont Teddy Bear Co. v. 538 Madison Realty Co.

    1 N.Y.3d 470 (N.Y. 2004)   Cited 666 times   1 Legal Analyses
    Finding no intent to add terms where sophisticated parties could have added a term, but failed to do so

  4. Beal Sav. Bank v. Sommer

    8 N.Y.3d 318 (N.Y. 2007)   Cited 547 times   3 Legal Analyses
    Holding that a contract should not be interpreted so as to render any portion of it meaningless

  5. Oppenheimer Co. v. Oppenheim

    86 N.Y.2d 685 (N.Y. 1995)   Cited 447 times   5 Legal Analyses
    Holding that obligation by landlord to furnish proof of sale or development was not condition of effective termination where contract merely required that such proof be furnished “ when such notice [of termination] is given”

  6. 219 Broadway v. Alexander's

    46 N.Y.2d 506 (N.Y. 1979)   Cited 457 times
    In 219 Broadway Corp. v Alexander's, Inc. (46 NY2d 506), the Court of Appeals affirmed a CPLR 3211 (a) (7) dismissal of a complaint which sought enforcement of a fully-executed lease.

  7. Hartford Acc. Ind. v. Wesolowski

    33 N.Y.2d 169 (N.Y. 1973)   Cited 488 times   1 Legal Analyses
    Holding there was one "occurrence" under the event test when the insured vehicle struck one oncoming vehicle, ricocheted off, and struck a second vehicle more than 100 feet away and noting that there was "no intervening agent" and "in common understanding and parlance there was ... a single, inseparable ‘three-car accident’ "

  8. Miglino v. Bally Total Fitness of Greater N.Y., Inc.

    2013 N.Y. Slip Op. 780 (N.Y. 2013)   Cited 156 times   1 Legal Analyses
    In Miglino v. Bally Total Fitness of Greater N.Y., Inc., 20 N.Y.3d 342, 961 N.Y.S.2d 364, 985 N.E.2d 128, the Court of Appeals recognized that "New York courts have viewed health clubs as owing a limited duty of care to patrons struck down by a heart attack or cardiac arrest while engaged in athletic activities on premises" (id. at 350, 961 N.Y.S.2d 364, 985 N.E.2d 128).

  9. Hahn Auto. Warehouse, Inc. v. Am. Zurich Ins. Co.

    2012 N.Y. Slip Op. 2344 (N.Y. 2012)   Cited 132 times
    Assuming there is a right to payment when the party has the contractual right to, and does, demand unconditional payment

  10. John J. Kassner & Co. v. City of New York

    46 N.Y.2d 544 (N.Y. 1979)   Cited 310 times   1 Legal Analyses
    Holding that "the cause of action accrues and the Statute of Limitations begins to run from the time of the breach" of a contract

  11. Section 600.1 - General provisions and definitions

    N.Y. Comp. Codes R. & Regs. tit. 22 § 600.1

    (a)Practice Rules of the Appellate Division. This Part serves as a supplement to, and should be read in conjunction with, the Practice Rules of the Appellate Division (Part 1250 of this Title) and the Electronic Filing Rules of the Appellate Division (Part 1245 of this Title). Where there is a conflict between this Part and Parts 1250 and 1245 of this Title, this Part controls when practicing within the First Judicial Department. (b)Sessions of the court. The court will convene at 2 o'clock in the