§Why CasetextPricing

Landauer Limited, Appellant,v.Joe Monani Fish Co., Inc., Respondent.

Brief

29 Cited authorities

  1. Link v. Wabash Railroad Co.

    370 U.S. 626 (1962)   Cited 23,587 times   4 Legal Analyses
    Holding that Rule 41(b)'s allowance for a party to move to dismiss for failure to prosecute did not implicitly abrogate the court's power to dismiss sua sponte

  2. Alvarez v. Prospect Hosp

    68 N.Y.2d 320 (N.Y. 1986)   Cited 21,212 times   8 Legal Analyses
    Finding summary judgment appropriate by relying on a treating doctor's unrebutted deposition testimony

  3. Andre v. Pomeroy

    35 N.Y.2d 361 (N.Y. 1974)   Cited 3,177 times
    Granting summary judgment to plaintiff in case in which defendant admitted that while driving in heavy traffic she took her eyes off the road to look for something in her purse and drove into the car in front of her

  4. Fashion Page v. Zurich Ins. Co.

    50 N.Y.2d 265 (N.Y. 1980)   Cited 230 times
    Holding that, under C.P.L.R. § 311, a plaintiff may rely on "corporate employees to identify the proper person to accept service" and that service on the secretary for the defendant's vice president, who had held herself out as authorized to receive service, was sufficient to support proper service on the corporation

  5. Yuppie Puppy Prods. v. Street Smart

    77 A.D.3d 197 (N.Y. App. Div. 2010)   Cited 97 times

    No. 3194. August 17, 2010. APPEAL from an order of the Supreme Court, New York County (Eileen Bransten, J.), entered December 4, 2008. The order denied the motion of the proposed intervenors for permission to intervene in the action. Winston Strawn LLC, New York City ( Christopher J. Paolella, Joseph DiBenedetto and Christopher Costello of counsel), for appellants. Alan M. Goldston, Scarsdale, for Yuppie Puppy respondents. Abraham Borenstein Associates, P.C., New York City ( Abraham Borenstein and

  6. CIBC Mellon Trust Co. v. Mora Hotel Corp.

    100 N.Y.2d 215 (N.Y. 2003)   Cited 109 times   1 Legal Analyses
    Holding that defendants' application to set aside the English judgments and to defend on the merits constitutes a voluntary appearance in the foreign proceeding and waiver of their personal jurisdiction challenge under the Uniform Act

  7. Assured Guaranty

    80 A.D.3d 293 (N.Y. App. Div. 2010)   Cited 70 times   1 Legal Analyses
    Holding that gross negligence and breach of fiduciary duty are not preempted by the Martin Act

  8. Society of Lloyd's v. Ashenden

    233 F.3d 473 (7th Cir. 2000)   Cited 74 times   1 Legal Analyses
    Ruling that "the English court holding that Lloyd's was authorized by its contract with the names to appoint agents to negotiate a contract that would bind the names without the names' consent. . . . is not so unreasonable that it could be thought a denial of international due process even if international due process had a substantive component"

  9. John Galliano, S.A. v. Stallion, Inc.

    2010 N.Y. Slip Op. 4829 (N.Y. 2010)   Cited 48 times
    Stating that nonrecognition is appropriate where exercise of jurisdiction by foreign court does not comport with "New York's concept of personal jurisdiction"

  10. Salahuddin v. Coughlin

    781 F.2d 24 (2d Cir. 1986)   Cited 62 times
    In Salahuddin v. Coughlin, 781 F.2d 24 (2d Cir. 1986), this court explained the Harlow test as follows: "The pertinent test in applying [the objective good-faith] defense is whether the federal law violated was clearly established,... not whether a reasonable person would have known of the law."

  11. Section 3213 - Motion for summary judgment in lieu of complaint

    N.Y. CPLR 3213   Cited 2,143 times   3 Legal Analyses
    Meaning 3212

  12. Section 311 - Personal service upon a corporation or governmental subdivision

    N.Y. CPLR 311   Cited 1,356 times
    Providing that personal service on a New York corporation can be accomplished by delivering the summons to an "officer, director, managing or general agent, or cashier or assistant cashier" of the corporation

  13. Section 5602 - Appeals to the court of appeals by permission

    N.Y. CPLR 5602   Cited 1,156 times
    Discussing appeals by permission to New York Court of Appeals

  14. Section 5302 - Applicability

    N.Y. CPLR 5302   Cited 118 times   1 Legal Analyses

    (a) Except as otherwise provided in subdivision (b) of this section, the provisions of this article apply to a foreign country judgment to the extent that such judgment: 1. grants or denies recovery of a sum of money; and 2. under the law of the foreign country where rendered, is final, conclusive and enforceable even though an appeal therefrom is pending or it is subject to appeal. (b) This article does not apply to a foreign country judgment, even if the judgment grants or denies recovery of a

  15. Section 500.1 - General requirements

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.1   Cited 1 times

    (a) All papers shall comply with applicable statutes and rules, particularly the signing requirement of section 130-1.1 -a of this Title. (b) Papers filed. Papers filed means briefs, papers submitted pursuant to sections 500.10 and 500.11 of this Part, motion papers, records and appendices. (c) Method of reproduction. All papers filed may be reproduced by any method that produces a permanent, legible, black image on white paper. Reproduction on both sides of the paper is encouraged. (d) Designation