§Why CasetextPricing

Lehman Brothers Holdings Inc. et al v. JPMorgan Chase Bank, N.A.

MEMORANDUM OF LAW in Opposition re: 55 MOTION for Summary Judgment Plaintiffs' Notice of Motion for Partial Summary Judgment. Memorandum of Law in Opposition to Plaintiffs' Motion for Partial Summary Judgment. Document

56 Cited authorities

  1. W.W.W. Assocs v. Giancontieri

    77 N.Y.2d 157 (N.Y. 1990)   Cited 2,232 times   5 Legal Analyses
    Holding that extrinsic evidence was immaterial, in part because the contract plainly manifested intent that all prior understandings were merged into the contract, which expressed the parties' full agreement

  2. General Motors Corp. v. Devex Corp.

    461 U.S. 648 (1983)   Cited 538 times   5 Legal Analyses
    Holding that some circumstances, such as a patentee's undue delay in prosecuting the lawsuit, may justify limiting or withholding prejudgment interest but noting that "prejudgment interest should be awarded under § 284 absent some justification for withholding such an award"

  3. Bank of New York v. First Millennium, Inc.

    607 F.3d 905 (2d Cir. 2010)   Cited 503 times   1 Legal Analyses
    Holding that 12 U.S.C. § 1821(d)(D) "bars only claims that could be brought under [FIRREA’s] administrative procedures"

  4. Richbell Information Services, Inc. v. Jupiter Partners, L.P.

    309 A.D.2d 288 (N.Y. App. Div. 2003)   Cited 483 times   8 Legal Analyses
    Holding that plaintiff's action for conversion, "while satisfying the technical elements of that tort, was properly dismissed as duplicative of the insufficient contract claims"

  5. Gillman v. Chase Manhattan

    73 N.Y.2d 1 (N.Y. 1988)   Cited 671 times
    Holding that a party's signature generally creates a presumption that the party assented to the terms of the agreement

  6. Manley v. Ambase Corp.

    337 F.3d 237 (2d Cir. 2003)   Cited 358 times
    Holding that a new trial was unnecessary because the improper communication "did not convey any extra-record information" to the affected juror or "attempt to tell the juror how she should decide the case"

  7. Cofacredit v. Windsor Plumbing Supply Co.

    187 F.3d 229 (2d Cir. 1999)   Cited 399 times
    Finding insufficient evidence of a conspiracy to commit a pattern of racketeering activity

  8. Deerfield Communications Corp. v. Chesebrough-Ponds

    68 N.Y.2d 954 (N.Y. 1986)   Cited 430 times
    Holding that a false promise to not resell goods outside a specific geographical area "constitute[d] a misrepresentation" for purposes of fraud where geographical restrictions were not contained in the written agreement for the purchase of those goods

  9. In re First Central Financial Corp.

    377 F.3d 209 (2d Cir. 2004)   Cited 220 times   3 Legal Analyses
    Holding that the unjust enrichment element “is the most important since the purpose of the constructive trust is prevention of unjust enrichment.”

  10. In re Lionel Corp.

    722 F.2d 1063 (2d Cir. 1983)   Cited 329 times   3 Legal Analyses
    Holding that judicial approval under section 363 of the Bankruptcy Code requires a showing that there is a good business reason

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 335,102 times   160 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  12. Section 362 - Automatic stay

    11 U.S.C. § 362   Cited 29,821 times   178 Legal Analyses
    Concluding that cause exists to lift the stay because no bankruptcy purpose would be served by keeping the stay in place

  13. Section 101 - Definitions

    11 U.S.C. § 101   Cited 26,932 times   224 Legal Analyses
    Defining "securities clearing agency" by reference to the Securities Exchange Act of 1934

  14. Section 542 - Turnover of property to the estate

    11 U.S.C. § 542   Cited 3,277 times   19 Legal Analyses
    Governing turnover of property of the estate

  15. Section 5001 - Interest to verdict, report or decision

    N.Y. CPLR 5001   Cited 2,464 times   4 Legal Analyses
    Allowing prejudgment interest in contract cases

  16. Section 553 - Setoff

    11 U.S.C. § 553   Cited 1,607 times   12 Legal Analyses
    Granting creditors power to exercise setoff rights in certain circumstances

  17. Section 9-102 - Definitions and index of definitions

    N.Y. U.C.C. Law § 9-102   Cited 152 times

    (a) Article 9 definitions. In this article: (1) "Accession" means goods that are physically united with other goods in such a manner that the identity of the original goods is not lost. (2) "Account", except as used in "account for", means a right to payment of a monetary obligation, whether or not earned by performance, (i) for property that has been or is to be sold, leased, licensed, assigned, or otherwise disposed of, (ii) for services rendered or to be rendered, (iii) for a policy of insurance

  18. Section 9-203 - Attachment and Enforceability of Security Interests; Proceeds; Supporting Obligations; Formal Requisites

    N.Y. U.C.C. Law § 9-203   Cited 132 times

    (a) Attachment. A security interest attaches to collateral when it becomes enforceable against the debtor with respect to the collateral, unless an agreement expressly postpones the time of attachment. (b) Enforceability. Except as otherwise provided in subsections (c) through (i), a security interest is enforceable against the debtor and third parties with respect to the collateral only if: (1) value has been given; (2) the debtor has rights in the collateral or the power to transfer rights in the

  19. Section 9-104 - Control of deposit account

    N.Y. U.C.C. Law § 9-104   Cited 43 times
    Excluding application of Article 9 “to a transfer in whole or in part of any claim arising out of tort.”

  20. Section 9-625 - Remedies for Secured Party's Failure to Comply with Article

    N.Y. U.C.C. Law § 9-625   Cited 39 times

    (a) Judicial orders concerning noncompliance. If it is established that a secured party is not proceeding in accordance with this article, a court may order or restrain collection, enforcement, or disposition of collateral on appropriate terms and conditions. (b) Damages for noncompliance. Subject to subsections (c), (d), and (f), a person is liable for damages in the amount of any loss caused by a failure to comply with this article. Loss caused by a failure to comply may include loss resulting