§Why CasetextPricing

BDC Finance L.L.C. Respondent,v.Barclays Bank PLC, Appellant.

Brief

51 Cited authorities

  1. Alvarez v. Prospect Hosp

    68 N.Y.2d 320 (N.Y. 1986)   Cited 21,211 times   8 Legal Analyses
    Finding summary judgment appropriate by relying on a treating doctor's unrebutted deposition testimony

  2. Zuckerman v. City of N.Y.

    49 N.Y.2d 557 (N.Y. 1980)   Cited 24,815 times   9 Legal Analyses
    Granting summary judgment as the city's arguments were considered speculation and this was "patently inadequate to establish the existence of a factual issue requiring a trial . . ."

  3. Winegrad v. N.Y. Univ. Medical Center

    64 N.Y.2d 851 (N.Y. 1985)   Cited 18,111 times   8 Legal Analyses
    Reversing the motion court's order granting the defendants' cross-motion for summary judgment where they failed to demonstrate, with admissible proof, that the claims against them should be dismissed

  4. Greenfield v. Philles Records

    98 N.Y.2d 562 (N.Y. 2002)   Cited 1,916 times   2 Legal Analyses
    Holding a "written agreement that is complete, clear and unambiguous on its face must be enforced according to the plain meaning of its terms"

  5. W.W.W. Assocs v. Giancontieri

    77 N.Y.2d 157 (N.Y. 1990)   Cited 2,205 times   5 Legal Analyses
    Holding that extrinsic evidence was immaterial, in part because the contract plainly manifested intent that all prior understandings were merged into the contract, which expressed the parties' full agreement

  6. Vermont Teddy Bear Co. v. 538 Madison Realty Co.

    1 N.Y.3d 470 (N.Y. 2004)   Cited 668 times   1 Legal Analyses
    Finding no intent to add terms where sophisticated parties could have added a term, but failed to do so

  7. Chimart Assoc. v. Paul

    66 N.Y.2d 570 (N.Y. 1986)   Cited 852 times   1 Legal Analyses
    Holding that the decisions by "sophisticated, counseled parties dealing at arm's length" in a "multimillion dollar transaction" to not contract for such rights must be given effect

  8. Kass v. Kass

    91 N.Y.2d 554 (N.Y. 1998)   Cited 552 times   1 Legal Analyses
    Holding that the parties’ agreement controlled

  9. Oppenheimer Co. v. Oppenheim

    86 N.Y.2d 685 (N.Y. 1995)   Cited 448 times   5 Legal Analyses
    Holding that obligation by landlord to furnish proof of sale or development was not condition of effective termination where contract merely required that such proof be furnished “ when such notice [of termination] is given”

  10. Bailey v. Neave

    2007 N.Y. Slip Op. 3958 (N.Y. 2007)   Cited 202 times
    Emphasizing that "courts may not by construction add or excise terms"

  11. Section 1a - Definitions

    7 U.S.C. § 1a   Cited 323 times   63 Legal Analyses
    Defining "excluded commodity" under Commodity Exchange Act