30 Cited authorities

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

    1 N.Y.3d 470 (N.Y. 2004)   Cited 559 times
    Finding no intent to add terms where sophisticated parties could have added a term, but failed to do so
  2. Beal Sav. Bank v. Sommer

    8 N.Y.3d 318 (N.Y. 2007)   Cited 462 times   2 Legal Analyses
    Holding that a contract should not be interpreted so as to render any portion of it meaningless
  3. Ely-Cruikshank Co. v. Bank

    81 N.Y.2d 399 (N.Y. 1993)   Cited 409 times
    Holding that the statute of limitations accrues from time of breach
  4. R/S Associates v. New York Job Development Authority

    98 N.Y.2d 29 (N.Y. 2002)   Cited 291 times
    Holding that unless the court finds ambiguity, evidence outside the four corners of the contract is generally inadmissible
  5. Oppenheimer Co. v. Oppenheim

    86 N.Y.2d 685 (N.Y. 1995)   Cited 351 times   3 Legal Analyses
    Finding that a letter agreement contained an express condition precedent to contract formation where the agreement provided that the contract would be "null and void" unless the condition was fulfilled
  6. Great Canal Realty Corp. v. Seneca Ins. Co., Inc.

    5 N.Y.3d 742 (N.Y. 2005)   Cited 188 times
    In Great Canal Realty Corp. v Seneca Ins. Co., Inc. (5 NY3d 742, 743-744), the Court of Appeals stated that, while an insured's reasonable "good-faith belief of nonliability" may excuse a failure to give timely notice, "it may be relevant on the issue of reasonableness, whether and to what extent, the insured has inquired into the circumstances of the accident or occurrence" (internal quotation marks and citations omitted).
  7. Hahn Auto. Warehouse, Inc. v. Am. Zurich Ins. Co.

    2012 N.Y. Slip Op. 2344 (N.Y. 2012)   Cited 112 times
    Assuming there is a right to payment when the party has the contractual right to, and does, demand unconditional payment
  8. John J. Kassner & Co. v. City of New York

    46 N.Y.2d 544 (N.Y. 1979)   Cited 274 times
    Holding that "the cause of action accrues and the Statute of Limitations begins to run from the time of the breach" of a contract
  9. Deutsche Bank Nat'l Trust Co. v. Quicken Loans Inc.

    810 F.3d 861 (2d Cir. 2015)   Cited 68 times   1 Legal Analyses
    Affirming decision to dismiss good-faith-and-fair-dealing-claim as duplicative of breach-of-contract claim
  10. Flanagan v. Mt. Eden Gen. Hosp

    24 N.Y.2d 427 (N.Y. 1969)   Cited 219 times
    Holding that "[when] a foreign object is left in a patient's body . . . no claim can be made that the patient's action may be feigned or frivolous . . . there is no possible causal break between the negligence of the doctor or hospital and the patient's injury . . . the danger of belated, false or frivolous claims is eliminated"
  11. Section 5-1401 - Choice of law

    N.Y. Gen. Oblig. Law § 5-1401   Cited 75 times   4 Legal Analyses
    Recognizing contracting parties' choice of New York law to govern certain major transactions
  12. Section 17-103 - Agreements waiving the statute of limitation

    N.Y. Gen. Oblig. Law § 17-103   Cited 73 times
    Reserving courts the power "to find that by reason of conduct of the party to be charged it is inequitable to permit him to interpose a defense of the statute of limitations."
  13. Section 500.13 - Content and form of briefs in normal course appeals

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.13

    (a) Content. All briefs shall conform to the requirements of section 500.1 of this Part and contain a table of contents, a table of cases and authorities, questions presented, point headings, and, if necessary, a disclosure statement pursuant to section 500.1(f) of this Part. Such disclosure statement shall be included before the table of contents in the party's principal brief. Appellant's brief shall include a statement showing that the court has jurisdiction to entertain the appeal and to review