§Why CasetextPricing

Deluca v. Access It Group Inc.

REPLY MEMORANDUM OF LAW in Support re: 4 FIRST MOTION to Dismiss Complaint.. Document

10 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 273,590 times   368 Legal Analyses
    Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

  2. Conley v. Gibson

    355 U.S. 41 (1957)   Cited 58,952 times   25 Legal Analyses
    Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"

  3. Howard v. Klynveld Peat Marwick Goerdeler

    977 F. Supp. 654 (S.D.N.Y. 1997)   Cited 173 times
    Holding that there was no agency relationship where the evidence showed no control, income sharing, or assumption of liabilities

  4. Ezekwo v. Amer. Bd. of I. M

    173 F.3d 844 (2d Cir. 1999)   Cited 158 times
    Finding that plaintiff "failed to effect proper service" and noting that "'leave and mail' service under Section 308 is ineffective where a plaintiff does not file proof of service with the clerk within twenty days of the date on which the process server mailed the summons and complaint"

  5. Macaluso v. the New York State Dept. of Environmental Conservation

    115 F.R.D. 16 (E.D.N.Y. 1986)   Cited 34 times   1 Legal Analyses
    Holding that service of process was insufficient because the summons did not bear either the clerk's signature or the court's seal

  6. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 354,229 times   943 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  7. Rule 4 - Summons

    Fed. R. Civ. P. 4   Cited 71,368 times   127 Legal Analyses
    Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time

  8. Section 190 - Definitions

    N.Y. Lab. Law § 190   Cited 993 times   7 Legal Analyses
    Defining "wages" as "earnings for labor or services rendered"

  9. Section 191-C - Payment of sales commission

    N.Y. Lab. Law § 191-C   Cited 73 times   2 Legal Analyses

    1. When a contract between a principal and a sales representative is terminated, all earned commissions shall be paid within five business days after termination or within five business days after they become due in the case of earned commissions not due when the contract is terminated. 2. The earned commission shall be paid to the sales representative at the usual place of payment unless the sales representative requests that the commission be sent to him or her through the mails. If the commissions

  10. Section 191-A - Definitions

    N.Y. Lab. Law § 191-A   Cited 42 times   4 Legal Analyses

    For purposes of this article the term: (a) "Commission" means compensation accruing to a sales representative for payment by a principal, the rate of which is expressed as a percentage of the dollar amount of wholesale orders or sales. (b) "Earned commission" means a commission due for services or merchandise which is due according to the terms of an applicable contract or, when there is no applicable contractual provision, a commission due for merchandise which has actually been delivered to, accepted