50 Cited authorities

  1. Alyeska Pipeline Co. v. Wilderness Soc'y

    421 U.S. 240 (1975)   Cited 4,248 times   6 Legal Analyses
    Holding American Rule governed absent specific statutory authorization for awarding attorney fees to prevailing party
  2. A. G. Ship Maintenance Corp. v. Lezak

    69 N.Y.2d 1 (N.Y. 1986)   Cited 450 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.
  3. Mighty Midgets v. Centennial

    47 N.Y.2d 12 (N.Y. 1979)   Cited 464 times   3 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"
  4. People v. Favor

    82 N.Y.2d 254 (N.Y. 1993)   Cited 234 times
    Holding right to be present at Sandoval hearing conferred by state law
  5. Vandenbark v. Owens-Illinois Co.

    311 U.S. 538 (1941)   Cited 248 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"
  6. Flemming v. Barnwell Nursing Home

    2010 N.Y. Slip Op. 7414 (N.Y. 2010)   Cited 77 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. Equitable Lumber Corp. v. IPA Land Dev. Corp.

    38 N.Y.2d 516 (N.Y. 1976)   Cited 138 times
    Finding that where there is no evidence of adhesion or absence of choice and both parties are commercial entities there is no unconscionability
  8. Gager v. White

    53 N.Y.2d 475 (N.Y. 1981)   Cited 112 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.
  9. Gurnee v. Aetna Life & Casualty Co.

    55 N.Y.2d 184 (N.Y. 1982)   Cited 106 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.
  10. Friedman v. Beway Realty Corp.

    87 N.Y.2d 161 (N.Y. 1995)   Cited 56 times   3 Legal Analyses
    Applying New York statute similar to Florida's statute
  11. Section 1 - Short title

    N.Y. Partnership Law § 1   Cited 13 times   1 Legal Analyses

    This chapter shall be known as the "partnership law." N.Y. Partnership Law § 1

  12. Section 500.10 - Examination of subject matter jurisdiction

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.10   Cited 13 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