21 Cited authorities

Guilbert v. Gardner
480 F.3d 140 (2d Cir. 2007) Cited 614 times
Holding that at-will employment agreement including promise to contribute $10,000 annually during employment to pension fund was not covered by Statute of Frauds under Cron because obligation was fixed and performable within one year
McCoy v. Feinman
99 N.Y.2d 295 (N.Y. 2002) Cited 704 times 3 Legal Analyses
Finding a stipulation of settlement is "generally binding on parties that have legal capacity to negotiate"
Leeds v. Meltz Mansfield
85 F.3d 51 (2d Cir. 1996) Cited 737 times
Holding that conclusory allegation that state employees prevented publication of advertisement was insufficient to demonstrate that "[t]he decision to reject the advertisement [was] `fairly attributable' to the state"
Airco Alloys v. Niagara Corp.
76 A.D.2d 68 (N.Y. App. Div. 1980) Cited 268 times 1 Legal Analyses
Noting that estoppel prevents a party from denying its own "admission which has in good faith been accepted and acted upon by another"
Festinger v. Edrich
32 A.D.3d 412 (N.Y. App. Div. 2006) Cited 66 times
Holding that the invocation of the doctrine in that case "also was essential to avoid a fraud upon the court and a mockery of the truth-seeking function"
Environmental v. Larchwood Corp.
101 A.D.2d 591 (N.Y. App. Div. 1984) Cited 121 times
May 29, 1984 Appeal from the Supreme Court, Suffolk County, Frank De Luca, J. Ingerman, Smith, Greenberg Gross ( Jonathan Heidelberger and Bernard C. Smith of counsel), for appellant. Lynn, Ledwith Quinlan ( Robert P. Lynn, Jr., of counsel), for respondents. TITONE, J.P. In this action to recover damages for breach of contract and for violation of the trust fund provisions of sections 70 Lien and 71 Lien of the Lien Law, the plaintiff appeals from an order of the Supreme Court, Suffolk County, which
Nussenzweig v. Philip-Lorca
2007 N.Y. Slip Op. 8783 (N.Y. 2007) Cited 53 times
No. 155. Argued October 10, 2007. Decided November 15, 2007. APPEAL, by permission of the Appellate Division of the Supreme Court in the First Judicial Department, from an order of that Court, entered March 20, 2007. The Appellate Division affirmed an order of the Supreme Court, New York County (Judith J. Gische, J.; op 11 Misc 3d 1051 [A], 2006 NY Slip Op 50171 [U]) insofar as it had granted defendants' motions for summary judgment dismissing the complaint. The following question was certified by
Beller v. William Penn Life Ins. Co. of N.Y
8 A.D.3d 310 (N.Y. App. Div. 2004) Cited 52 times
In Beller, (supra) the court applied the doctrine where a. plaintiff sued alleging the defendant life insurance policy breached the agreement by failing to conduct rate reviews every five years.
Stalis v. Sugar Creek Stores
295 A.D.2d 939 (N.Y. App. Div. 2002) Cited 34 times
Continuing obligation to provide code compliance for septic system
McDonnell Douglas Corporation v. U.S.
182 F.3d 1319 (Fed. Cir. 1999) Cited 30 times
Ruling that plaintiffs were required to make progress toward an "ultimate end item" if not to contract conclusion, where funds had not been obligated to the entire contract
Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing
Fed. R. Civ. P. 12 Cited 345,885 times 922 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 328,736 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

Kobayashi Ventures, LLC v. Papertech Inc.

21 Cited authorities

Holding that at-will employment agreement including promise to contribute $10,000 annually during employment to pension fund was not covered by Statute of Frauds under Cron because obligation was fixed and performable within one year

Finding a stipulation of settlement is "generally binding on parties that have legal capacity to negotiate"

Holding that conclusory allegation that state employees prevented publication of advertisement was insufficient to demonstrate that "[t]he decision to reject the advertisement [was] `fairly attributable' to the state"

Noting that estoppel prevents a party from denying its own "admission which has in good faith been accepted and acted upon by another"

Holding that the invocation of the doctrine in that case "also was essential to avoid a fraud upon the court and a mockery of the truth-seeking function"

In Beller, (supra) the court applied the doctrine where a. plaintiff sued alleging the defendant life insurance policy breached the agreement by failing to conduct rate reviews every five years.

Continuing obligation to provide code compliance for septic system

Ruling that plaintiffs were required to make progress toward an "ultimate end item" if not to contract conclusion, where funds had not been obligated to the entire contract

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit