49 Cited authorities

  1. Wolff v. McDonnell

    418 U.S. 539 (1974)   Cited 15,675 times   5 Legal Analyses
    Holding that declaratory judgment as a predicate to a damages award would not be barred, but that a civil rights claim that would affect the duration of incarceration is foreclosed by Preiser
  2. Leon v. Martinez

    84 N.Y.2d 83 (N.Y. 1994)   Cited 7,303 times   2 Legal Analyses
    Holding that the allegations in the complaint and the supporting affidavits were adequate to withstand a motion to dismiss
  3. Pell v. Board of Education

    34 N.Y.2d 222 (N.Y. 1974)   Cited 5,011 times   1 Legal Analyses
    Discussing the standard of review in an Article 78 appeal
  4. Rovello v. Orofino Realty Co.

    40 N.Y.2d 633 (N.Y. 1976)   Cited 1,935 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"
  5. Goldman v. Belden

    754 F.2d 1059 (2d Cir. 1985)   Cited 1,391 times
    Holding Rule 12(b) consideration of documents attached to defendants' motion to dismiss improper
  6. Lawrence v. Miller

    2008 N.Y. Slip Op. 9434 (N.Y. 2008)   Cited 292 times

    No. 76. Argued October 23, 2008. decided December 2, 2008. APPEAL, by permission of the Appellate Division of the Supreme Court in the First Judicial Department, from an order of that Court, entered November 27, 2007. The Appellate Division affirmed, insofar as appealed from, that part of an order of the Surrogate's Court, New York County (Renee R. Roth, S.), which had confirmed so much of a Referee's report as recommended denial of motions by respondents estate of Alice Lawrence and Richard Lawrence

  7. Fiscal Equity v. State

    86 N.Y.2d 307 (N.Y. 1995)   Cited 401 times   2 Legal Analyses
    Noting that Article XI requires state to provide "minimally adequate" facilities to all public schools
  8. ABN AMRO Bank, N.V. v. MBIA Inc.

    2011 N.Y. Slip Op. 5542 (N.Y. 2011)   Cited 188 times
    Holding that allegations of insolvency support a cause of action under DCL § 274
  9. Pacific v. Dicker

    38 A.D.3d 34 (N.Y. App. Div. 2006)   Cited 209 times   1 Legal Analyses
    Affirming dismissal of breach of contract claim as duplicative of malpractice claim
  10. Ugarriza v. Schmieder

    46 N.Y.2d 471 (N.Y. 1979)   Cited 344 times
    In Ugarriza, the Court of Appeals determined that summary judgment should not be granted to the plaintiff, a passenger in a car driven by the defendant, where no affirmative act or omission constituting negligence had been alleged or proved.
  11. Section 7801 - Nature of proceeding

    N.Y. C.P.L.R. § 7801   Cited 903 times
    Providing for judicial review of agency action