38 Cited authorities

Wolff v. McDonnell
418 U.S. 539 (1974) Cited 19,238 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
Leon v. Martinez
84 N.Y.2d 83 (N.Y. 1994) Cited 9,601 times 4 Legal Analyses
Holding that the allegations in the complaint and the supporting affidavits were adequate to withstand a motion to dismiss
Pell v. Board of Education
34 N.Y.2d 222 (N.Y. 1974) Cited 5,554 times 1 Legal Analyses
Discussing the standard of review in an Article 78 appeal
Goldman v. Belden
754 F.2d 1059 (2d Cir. 1985) Cited 1,655 times 1 Legal Analyses
Holding Rule 12(b) consideration of documents attached to defendants' motion to dismiss improper
Rovello v. Orofino Realty Co.
40 N.Y.2d 633 (N.Y. 1976) Cited 2,270 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"
Fiscal Equity v. State
86 N.Y.2d 307 (N.Y. 1995) Cited 463 times 2 Legal Analyses
Noting that Article XI requires state to provide "minimally adequate" facilities to all public schools
Pacific v. Dicker
38 A.D.3d 34 (N.Y. App. Div. 2006) Cited 298 times 1 Legal Analyses
Finding that letter submitted by defendant law firm failed to conclusively establish that the scope of its representation did not include matters relating to the alleged legal malpractice
Ugarriza v. Schmieder
46 N.Y.2d 471 (N.Y. 1979) Cited 481 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.
Tedeschi v. Wagner College
49 N.Y.2d 652 (N.Y. 1980) Cited 188 times
Holding that "when a university has adopted a rule or guideline establishing the procedure to be followed in relation to suspension or expulsion that procedure must be substantially observed"
Matter of Susan M v. Law School
76 N.Y.2d 241 (N.Y. 1990) Cited 118 times
Holding that strong policy considerations militate against courts intervening in controversies relating to educational institution's judgment of student's academic performance

In the Matter of Katie Kickertz, Respondent,v.New York University, Appellant.

38 Cited authorities

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

Holding that the allegations in the complaint and the supporting affidavits were adequate to withstand a motion to dismiss

Discussing the standard of review in an Article 78 appeal

Holding Rule 12(b) consideration of documents attached to defendants' motion to dismiss improper

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"

Noting that Article XI requires state to provide "minimally adequate" facilities to all public schools

Finding that letter submitted by defendant law firm failed to conclusively establish that the scope of its representation did not include matters relating to the alleged legal malpractice

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.

Holding that "when a university has adopted a rule or guideline establishing the procedure to be followed in relation to suspension or expulsion that procedure must be substantially observed"

Holding that strong policy considerations militate against courts intervening in controversies relating to educational institution's judgment of student's academic performance