35 Cited authorities

Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (1986) Cited 239,217 times 38 Legal Analyses
Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"
Celotex Corp. v. Catrett
477 U.S. 317 (1986) Cited 218,869 times 40 Legal Analyses
Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"
Lama Holding Co. v. Smith Barney Inc.
88 N.Y.2d 413 (N.Y. 1996) Cited 2,183 times 3 Legal Analyses
Holding that damages that are "undeterminable" or speculative cannot serve as the basis of a fraud claim
Knight v. U.S. Fire Ins. Co.
804 F.2d 9 (2d Cir. 1986) Cited 2,240 times
Holding that a party cannot rely on "mere speculation or conjecture as to the true nature of the facts to overcome a motion for summary judgment"
Enzo Biochem, Inc. v. Applera Corp.
599 F.3d 1325 (Fed. Cir. 2010) Cited 226 times 3 Legal Analyses
Holding that the phrase "not interfering substantially" is sufficiently definite because a skilled artisan could use "the examples in the specification to determine whether interference with hybridization is substantial"
Quarles v. General Motors Corp.
758 F.2d 839 (2d Cir. 1985) Cited 453 times
Noting that "mere conjecture or speculation by the party resisting summary judgment does not provide a basis upon which to deny the motion"
TVT Records v. The Island Def Jam Music Group
412 F.3d 82 (2d Cir. 2005) Cited 246 times
Holding that "the intention to breach does not give rise to a duty to disclose. Instead, the duty to disclose must exist separately from the duty to perform under the contract" (citing Bridgestone/Firestone, Inc. v. Recovery Credit Servs., Inc., 98 F.3d 13, 20 (2d Cir. 1996))
High Tides Llc v. Demichele
88 A.D.3d 954 (N.Y. App. Div. 2011) Cited 180 times
Holding that statements "which amount to no more than vague expressions of hope and future expectation," or which are "mere opinion and puffery," "provide an insufficient basis upon which to predicate a claim of fraud." (quotations, alterations and citations omitted)
Interpharm Inc. v. Bank
655 F.3d 136 (2d Cir. 2011) Cited 163 times
Holding that, in a breach of contract action, the document on which the complaint is based is "by definition [] integral to the complaint"
Channel Master Corp. v. Aluminium Limited Sales, Inc.
4 N.Y.2d 403 (N.Y. 1958) Cited 728 times
Holding plaintiff seeking rescission of contract on ground of fraudulent inducement must establish "defendant knowingly uttered a falsehood intending to deprive the plaintiff of a benefit and that the plaintiff was thereby deceived and damaged"
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 333,232 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Section 1125 - False designations of origin, false descriptions, and dilution forbidden
15 U.S.C. § 1125 Cited 15,533 times 324 Legal Analyses
Holding "the person who asserts trade dress protection has the burden of proving that the matter sought to be protected is not functional"
Section 213 - Actions to be commenced within six years: where not otherwise provided for; on contract; on sealed instrument; on bond or note, and mortgage upon real property; by state based on misappropriation of public property; based on mistake; by corporation against director, officer or stockholder; based on fraud
N.Y. C.P.L.R. § 213 Cited 5,529 times 8 Legal Analyses
Applying six-year statute of limitations to actions "for which no limitation is specifically prescribed by law"
Section 214 - Actions to be commenced within three years: for non-payment of money collected on execution; for penalty created by statute; to recover chattel; for injury to property; for personal injury; for malpractice other than medical, dental or podiatric malpractice; to annul a marriage on the ground of fraud
N.Y. C.P.L.R. § 214 Cited 5,484 times 3 Legal Analyses
Providing for three-year statute of limitations for personal injury actions
Section 203 - Method of computing periods of limitation generally
N.Y. C.P.L.R. § 203 Cited 2,695 times 2 Legal Analyses
Providing that, in an action commenced by filing, "a claim asserted in the complaint is interposed against the defendant" upon filing

Enzo Biochem, Inc., et al v. Amersham PLC, et al

35 Cited authorities

Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"

Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"

Holding that damages that are "undeterminable" or speculative cannot serve as the basis of a fraud claim

Holding that a party cannot rely on "mere speculation or conjecture as to the true nature of the facts to overcome a motion for summary judgment"

Holding that the phrase "not interfering substantially" is sufficiently definite because a skilled artisan could use "the examples in the specification to determine whether interference with hybridization is substantial"

Noting that "mere conjecture or speculation by the party resisting summary judgment does not provide a basis upon which to deny the motion"

Holding that "the intention to breach does not give rise to a duty to disclose. Instead, the duty to disclose must exist separately from the duty to perform under the contract" (citing Bridgestone/Firestone, Inc. v. Recovery Credit Servs., Inc., 98 F.3d 13, 20 (2d Cir. 1996))

Holding that statements "which amount to no more than vague expressions of hope and future expectation," or which are "mere opinion and puffery," "provide an insufficient basis upon which to predicate a claim of fraud." (quotations, alterations and citations omitted)

Holding that, in a breach of contract action, the document on which the complaint is based is "by definition [] integral to the complaint"

Holding plaintiff seeking rescission of contract on ground of fraudulent inducement must establish "defendant knowingly uttered a falsehood intending to deprive the plaintiff of a benefit and that the plaintiff was thereby deceived and damaged"

Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

Holding "the person who asserts trade dress protection has the burden of proving that the matter sought to be protected is not functional"

Applying six-year statute of limitations to actions "for which no limitation is specifically prescribed by law"

Providing for three-year statute of limitations for personal injury actions

Providing that, in an action commenced by filing, "a claim asserted in the complaint is interposed against the defendant" upon filing