38 Cited authorities

  1. United States v. Bestfoods

    524 U.S. 51 (1998)   Cited 1,416 times   22 Legal Analyses
    Holding that ownership and control is insufficient to demonstrate an alter-ego relationship
  2. Conason v. Megan Holding, LLC

    2015 N.Y. Slip Op. 1553 (N.Y. 2015)   Cited 239 times
    Making no mention of "decisiveness" formulation
  3. Robinson v. Reed-Prentice

    49 N.Y.2d 471 (N.Y. 1980)   Cited 422 times   1 Legal Analyses
    Holding that the defendant was not strictly liable for defective design where evidence established that when the defendant sold the molding machine, the machine was not defective, and had the machine been left intact, the machine's safety gate and connecting interlocks would have rendered the predicate accident an impossibility
  4. Godoy v. Abamaster of Miami

    302 A.D.2d 57 (N.Y. App. Div. 2003)   Cited 211 times
    Holding that seller could obtain indemnification from distributor that was higher in the distribution chain because the distributor was “closest to the manufacturer” and was in a better position to “exert pressure” on the manufacturer
  5. Billy v. Consolidated Mach

    51 N.Y.2d 152 (N.Y. 1980)   Cited 367 times   2 Legal Analyses
    Holding that fact that employer of plaintiff's fatally injured decedent was a wholly-owned subsidiary was insufficient in itself to support imposition of liability upon parent corporation for acts of subsidiary; liability required allegation that parent exercised necessary control over subsidiary
  6. Balintulo v. Ford Motor Co.

    796 F.3d 160 (2d Cir. 2015)   Cited 111 times
    Holding amendments are futile "when [they] could not withstand a motion to dismiss"
  7. Mondello v. N Y Blood Center

    80 N.Y.2d 219 (N.Y. 1992)   Cited 206 times
    Finding that a nondelegable duty did not exist where the hospital did not hold itself out as having screened blood for contagious disease or furnish any personnel for that purpose. The plaintiff's subjective belief is not enough to impose liability upon the hospital for the acts of an independent contractor.
  8. Caprara v. Chrysler Corp.

    52 N.Y.2d 114 (N.Y. 1981)   Cited 255 times
    Finding that a manufacturing defect in a product is one which results from a mistake or error made during the manufacturing process
  9. Yoder v. Honeywell Inc.

    104 F.3d 1215 (10th Cir. 1997)   Cited 130 times
    Upholding dismissal, based on New York statute of limitations, of defendant who had only pleaded Colorado statute of limitations
  10. Chateau D' If Corp. v. City of New York

    219 A.D.2d 205 (N.Y. App. Div. 1996)   Cited 127 times
    Holding that because "a liquidated damages clause and a provision entitling a nondefaulting vendor to further damages are incompatible and cannot coexist," the liquidated damages provision is rendered unenforceable