50 Cited authorities

Alyeska Pipeline Co. v. Wilderness Soc'y
421 U.S. 240 (1975) Cited 4,716 times 9 Legal Analyses
Holding American Rule governed absent specific statutory authorization for awarding attorney fees to prevailing party
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.
Mighty Midgets v. Centennial
47 N.Y.2d 12 (N.Y. 1979) Cited 489 times 4 Legal Analyses
Holding that "[i]t is the rule in New York that such a recovery may not be had in an affirmative action brought by an assured to settle its rights"
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
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;
Vandenbark v. Owens-Illinois Co.
311 U.S. 538 (1941) Cited 251 times
Holding that "until such time as a case is no longer sub judice, the duty rests upon federal courts to apply state law. . . in accordance with the then controlling decision of the highest state court"
Equitable Lumber Corp. v. IPA Land Dev. Corp.
38 N.Y.2d 516 (N.Y. 1976) Cited 152 times
Finding that where there is no evidence of adhesion or absence of choice and both parties are commercial entities there is no unconscionability
Gager v. White
53 N.Y.2d 475 (N.Y. 1981) Cited 127 times
In Gager, we held that a defendant brought within the jurisdiction of the New York courts by a Seider attachment, who then appeared in the action without raising an explicit jurisdictional challenge under Rush, had waived this objection.
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.
Friedman v. Beway Realty Corp.
87 N.Y.2d 161 (N.Y. 1995) Cited 58 times 4 Legal Analyses
Applying New York statute similar to Florida's statute
Section 1 - Short title
N.Y. Partnership Law § 1 Cited 14 times 1 Legal Analyses
This chapter shall be known as the "partnership law." N.Y. Partnership Law § 1
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

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

50 Cited authorities

Holding American Rule governed absent specific statutory authorization for awarding attorney fees to prevailing party

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.

Holding that "[i]t is the rule in New York that such a recovery may not be had in an affirmative action brought by an assured to settle its rights"

Holding right to be present at Sandoval hearing conferred by state law

Holding that "until such time as a case is no longer sub judice, the duty rests upon federal courts to apply state law. . . in accordance with the then controlling decision of the highest state court"

Finding that where there is no evidence of adhesion or absence of choice and both parties are commercial entities there is no unconscionability

In Gager, we held that a defendant brought within the jurisdiction of the New York courts by a Seider attachment, who then appeared in the action without raising an explicit jurisdictional challenge under Rush, had waived this objection.

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.

Applying New York statute similar to Florida's statute

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