Board of Educ. v. Farmingdale
38 N.Y.2d 397 (N.Y. 1975) Cited 441 timesFinding that issuance of 87 subpoenas, "motivated by an intent to harass and to injure, and the refusal to comply with a reasonable request to stagger the appearances was sufficient to support an inference that the process was being perverted to inflict economic harm"
In re Saic Inc. Derivative Litig.
948 F. Supp. 2d 366 (S.D.N.Y. 2013) Cited 27 times 1 Legal AnalysesRejecting argument that knowledge of core operations can be imputed to the board for the purpose of a demand futility analysis
St. Clair Shores Gen. Employees Ret. Syst. v. Eibeler
745 F. Supp. 2d 303 (S.D.N.Y. 2010) Cited 20 timesGranting motion to dismiss with prejudice
Chime v. Sicuranza
221 A.D.2d 401 (N.Y. App. Div. 1995) Cited 22 timesNovember 13, 1995 Appeal from the Supreme Court, Kings County (Garry, J.). Ordered that the order is modified, on the law, by deleting the provision thereof which denied the branch of the defendants' motion which was to dismiss the plaintiff's seventh cause of action and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements. The plaintiff, a medical doctor, agreed to oversee mostly indigent
Hayes v. Buffalo Mun. Hous. Auth.
No. 12-CV-578S (W.D.N.Y. Sep. 23, 2013)12-CV-578S 2013-09-23 MICHAEL HAYES and MKH CONSTRUCTION, LLC, Plaintiffs, v. BUFFALO MUNICIPAL HOUSING AUTHORITY, et al., Defendants. WILLIAM M. SKRETNY DECISION AND ORDER I. INTRODUCTION Michael Hayes and his company, MKH Construction, LLC ("MKH"), bring this action alleging that the Buffalo Municipal Housing Authority ("BMHA") and several of its employees violated various protections found in common law and in the United States Constitution. In short, Hayes, a contractor who often performed work
Rule 15 - Amended and Supplemental Pleadings
Fed. R. Civ. P. 15 Cited 90,230 times 91 Legal AnalysesFinding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint