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Gorfinkel v. Vayntrub et al

REPLY in Support re Motion to Dismiss for Failure to State a Claim

13 Cited authorities

  1. McCarthy v. Dun & Bradstreet Corp.

    482 F.3d 184 (2d Cir. 2007)   Cited 3,431 times
    Holding that the district court did not abuse its discretion in denying leave to amend where "discovery had closed, defendants had filed for summary judgment, and nearly two years had passed since the filing of the original complaint"

  2. Staehr v. Hartford Financial Serv

    547 F.3d 406 (2d Cir. 2008)   Cited 919 times   1 Legal Analyses
    Holding that matters judicially noticed by a court "are not considered matters outside the pleadings"

  3. Leonard F. v. Israel Discount Bank of New York

    199 F.3d 99 (2d Cir. 1999)   Cited 1,059 times
    Holding that in considering a motion to dismiss, the court may consider documents attached as exhibits to the complaint

  4. Friedl v. City of New York

    210 F.3d 79 (2d Cir. 2000)   Cited 1,003 times
    Holding that requirements similar to those set forth in Morrissey "would logically apply to revocation of work release"

  5. Camofi Master LDC v. College P'ship, Inc.

    452 F. Supp. 2d 462 (S.D.N.Y. 2006)   Cited 98 times
    Finding partial performance under the contract undermines a finding that third-party defendant had any "preconceived and undisclosed intention" not to perform

  6. Maggette v. Dalsheim

    709 F.2d 800 (2d Cir. 1983)   Cited 144 times
    Concluding that it is an error to grant a motion for judgment on the pleadings under Fed.R.Civ.P. 12(c) for failure to oppose the motion where the pleadings themselves are sufficient to withstand dismissal

  7. Levine v. Lawrence

    03-CV-1694 (DRH) (ETB) (E.D.N.Y. Jun. 15, 2005)   Cited 29 times
    Dismissing challenges to constitutionality of the statutory scheme allowing for arrest pursuant to a contempt order

  8. Valez v. City of New York

    08 Civ. 3875 (DLC) (S.D.N.Y. Dec. 16, 2008)   Cited 18 times
    Holding that plaintiff failed to state a § 1983 claim based on allegations that the defendants gave the police false information "out of malice and in an effort to get [the plaintiff] ejected from the home he was renting" where plaintiff failed to "allege facts suggesting that defendants and the police had any meeting of the minds or intent to conspire"

  9. Banushi v. City of New York

    08-CV-2937 (KAM) (JO) (E.D.N.Y. Oct. 15, 2010)   Cited 9 times
    Denying a motion for summary judgment on the grounds of qualified immunity despite the fact that the plaintiff failed to respond to the motion

  10. Agricultural Insurance Co., Inc. v. Ace Hardware Corp.

    98 Civ. 8708 (RJW) (S.D.N.Y. Aug. 12, 2002)   Cited 16 times

    98 Civ. 8708 (RJW) August 12, 2002 MARSCHHAUSEN FITZPATRICK, P.C., Garden City, New York BY: DIRK MARSCHHAUSEN, ESQ., Attorneys for Plaintiff. MALAPERO PRISCO, New York, New York, BY: JOSEPH J. PRISCO, ESQ., Attorneys for Defendants/Third-Party Plaintiffs. GIBBONS, DES DEO, DOLAN, GRIFFINGER VECCHIONE, P.C., New York, New York, BY: PATRICK V. DIDOMENICO, Attorneys for Third-Party Defendant OPINION ROBERT WARD, United States District Judge. Plaintiff Agricultural Insurance Company, Inc. ("Agricultural

  11. Rule 803 - Exceptions to the Rule Against Hearsay-Regardless of Whether the Declarant Is Available as a Witness

    Fed. R. Evid. 803   Cited 13,141 times   85 Legal Analyses
    Recognizing exception to rule against hearsay for records of regularly conducted activities

  12. Rule 805 - Hearsay Within Hearsay

    Fed. R. Evid. 805   Cited 926 times   4 Legal Analyses
    Allowing hearsay within hearsay only "if each part of the combined statements conforms with an exception to the rule"