§Why CasetextPricing

Robert J. Congel, et al.,, Respondents,v.Marc A. Malfitano, Appellant.

Brief

38 Cited authorities

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

    1 N.Y.3d 470 (N.Y. 2004)   Cited 666 times   1 Legal Analyses
    Finding no intent to add terms where sophisticated parties could have added a term, but failed to do so

  2. Riverside South Planning Corp. v. CRP/Extell Riverside, L.P.

    2009 N.Y. Slip Op. 8675 (N.Y. 2009)   Cited 299 times   1 Legal Analyses
    Holding that where a contract is unambiguous it will be enforced according to its terms and courts may not add or excise terms

  3. A. G. Ship Maintenance Corp. v. Lezak

    69 N.Y.2d 1 (N.Y. 1986)   Cited 487 times   1 Legal Analyses
    In A.G. Ship Maintenance, the Court of Appeals remarked that since the problem of abusive litigation practices was most effectively dealt with by plenary rule rather than by ad hoc judicial decision, sanctions could not be imposed in the absence of court rule or statute.

  4. People v. Favor

    82 N.Y.2d 254 (N.Y. 1993)   Cited 247 times
    Holding right to be present at Sandoval hearing conferred by state law

  5. Chapel v. Mitchell

    84 N.Y.2d 345 (N.Y. 1994)   Cited 223 times
    Holding that while the "common-law right of indemnification against the party actually at fault encompasses the right to recover attorneys' fees, costs, and disbursements incurred in connection with defending the suit brought by the injured party, . . . [a]s to the third-party action, however, we conclude that the legal expenses incurred in its prosecution are not recoverable"

  6. Flemming v. Barnwell Nursing Home

    2010 N.Y. Slip Op. 7414 (N.Y. 2010)   Cited 129 times

    No. 149. Argued September 13, 2010. Decided October 21, 2010. APPEAL, by permission of the Court of Appeals, from a judgment of the Supreme Court, Columbia County (Christian F. Hummel, J.), dated August 25, 2009. The Supreme Court (1) granted the motion of the settlement administrator for an order approving his fees and disbursements; (2) directed that the settlement administrator be paid a fee of $48,990, along with reimbursements of $9,463.02 in expenses, out of the class action settlement fund;

  7. Scholastic, Inc. v. Harris

    259 F.3d 73 (2d Cir. 2001)   Cited 145 times
    Recognizing a joint venture to form a new production company to be financed by Scholastic and managed by Harris, a television and movie executive

  8. Gurnee v. Aetna Life & Casualty Co.

    55 N.Y.2d 184 (N.Y. 1982)   Cited 110 times   1 Legal Analyses
    In Gurnee v Aetna Life Cas. Co. (55 NY2d 184, 193, cert denied 459 US 837), the Court of Appeals recognized, albeit in dicta, that the six-year statute of limitations, as provided in CPLR 213, applied to a cause of action based upon wrongfully withheld first-party benefits.

  9. Chandler Med. Bldg. v. Chandler Dental

    175 Ariz. 273 (Ariz. Ct. App. 1993)   Cited 75 times   1 Legal Analyses
    Controlling rule of contract interpretation requires that ordinary meaning of language be given to contract terms

  10. Riviera Congress Assoc. v. Yassky

    18 N.Y.2d 540 (N.Y. 1966)   Cited 108 times
    Recognizing limited partners may sue derivatively on behalf of the partnership

  11. Section 500.10 - Examination of subject matter jurisdiction

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.10   Cited 14 times
    Failing to raise issues before Court of Appeals precludes further review because the Petitioner has already made the one application for leave to appeal to which he is entitled