534 U.S. 438 (2002) Cited 838 times 2 Legal Analyses
Holding that where Congress has listed some categories of people as to successor liability under 26 U.S.C. § 9706, those not included in the list are not liable because Congress could have included them "clearly and explicitly"
505 U.S. 214 (1992) Cited 134 times 1 Legal Analyses
Holding that the extent of the injuries received, which the circuit court found to be minor, was no basis for dismissing the § 1983 claim because "the blows directed at Hudson, which caused bruises, swelling, loosened teeth, and a cracked dental plate, are not de minimis for Eighth Amendment purposes"
219 A.D.2d 205 (N.Y. App. Div. 1996) Cited 127 times
Holding that because "a liquidated damages clause and a provision entitling a nondefaulting vendor to further damages are incompatible and cannot coexist," the liquidated damages provision is rendered unenforceable
Noting the statutory protection afforded by Adm. Code §§ 13-104 and 13-101 to all persons in City-service, designed to exclude persons such as independent contractors, remains as important and relevant as when the statute was passed
In B F Bldg. Corp. v. Liebig (76 N.Y.2d 689) and in Mortise v. 55 Liberty Owners Corp. (63 N.Y.2d 743, affd forreasons stated at 102 A.D.2d 719), the Court of Appeals held that home improvement contractors who had not secured the license required by a local New York City law were not entitled to recover damages for breach of contract.
In Theroux, the New York Court of Appeals considered whether a police officer had to satisfy a "heightened risk" standard to qualify for benefits under a state statute that provided full wages to municipal employees injured "in the performance of" their duties.
2008 N.Y. Slip Op. 4900 (N.Y. 2008) Cited 59 times
In Pultz v Economakis, 10 NY3d 542, cited by the attorney for plaintiffs, a couple sought to evict the tenants in 15 rent-stabilized apartments from an East Village tenement in order to convert the 60-room tenement into their own single-family home containing a gym, a playroom, a library, five bedrooms and six bathrooms.