Golden Pacific Bancorp. v. F.D.I.C
375 F.3d 196 (2d Cir. 2004) Cited 215 timesHolding that the FDIC, like other creditors and depositors of the failed bank, was entitled to post-insolvency interest
Manufacturers Hanover Trust Co. v. Chemical Bank
160 A.D.2d 113 (N.Y. App. Div. 1990) Cited 220 times 1 Legal AnalysesHolding funds identifiable where “[plaintiff] effected a wire transfer to [defendant] of a specific sum, $223,280.74, to be credited to a specific account”
General Motors Accep. Corp. v. Clifton-Fine Cent
85 N.Y.2d 232 (N.Y. 1995) Cited 101 timesHolding that single prior incident cannot create course of dealing waiving assignment rights
Feinberg v. Boros
99 A.D.3d 219 (N.Y. App. Div. 2012) Cited 37 times2012-09-11 Herbert FEINBERG, etc., Plaintiff–Respondent, v. Jerome S. BOROS, Esq., et al., Defendants–Appellants. Friedman Kaplan Seiler & Adelman LLP, New York (Edward A. Friedman, Robert D. Kaplan and Steven E. Frankel of counsel), for appellants. Storch Amini & Munves PC, New York (Steven Storch, Lita Beth Wright and Thomas M. Monahan of counsel), and Richard L. Derzaw, New York, for respondent. DAVID B. SAXE Friedman Kaplan Seiler & Adelman LLP, New York (Edward A. Friedman, Robert D. Kaplan
Island Fed. Cre. Uni. v. Smith
60 A.D.3d 730 (N.Y. App. Div. 2009) Cited 21 timesFinding that party who pays money, under mistake of fact, to one not entitled to it should, in equity and good conscience, be permitted to recover it
Bank of New York v. Spiro
267 A.D.2d 339 (N.Y. App. Div. 1999) Cited 16 timesIn Spiro, citing CPLR 5001 (a), the Second Department had reasoned that "[i]n an action of an equitable nature, an award of interest is within the court's discretion" and "under the circumstances of this case, we decline to award interest" Spiro (267 A.D.2d at 340)
Fleeger v. Clarkson Co. Ltd.
86 F.R.D. 388 (N.D. Tex. 1980) Cited 28 timesHolding that Canadian law forbids derivative action without obtaining prior leave of court
Phelan v. Middle States Oil Corporation
154 F.2d 978 (2d Cir. 1946) Cited 38 timesApplying federal law to determine assignability of bondholder's claims against a federal receiver
Manufacturers Trust Co. v. Diamond
17 Misc. 2d 909 (N.Y. App. Term 1959) Cited 17 timesMay 21, 1959 Appeal from the Municipal Court of the City of New York, Borough of Manhattan, JOHN C. LEONFORTE, J. Simpson Thacher Bartlett ( William J. Manning and Whitney North Seymour, Jr., of counsel), for appellant. Harry A. Roth for respondent. Per Curiam. The defendant rested on the plaintiff's case and there is no proof whatever that the defendant was prejudiced by or changed his position in any way in reliance on the plaintiff's conduct. It is self-evident that but for a mistake the plaintiff
Ball v. Shepard
202 N.Y. 247 (N.Y. 1911) Cited 52 times 2 Legal AnalysesIdentifying as a "well-recognized principle of law" that "a party who pays money under a mistake of fact, to one who is not entitled thereto, must in equity and good conscience be permitted to get it back . . . even though the mistake is the result of negligence"
Section 1-103 - Construction of uniform commercial code to promote its purposes and policies; applicability of supplemental principles of law
N.Y. U.C.C. Law § 1-103 Cited 80 timesProviding that ordinary legal principles, including the law of principal and agent, apply unless explicitly displaced
Section 9-104 - Control of deposit account
N.Y. U.C.C. Law § 9-104 Cited 43 timesExcluding application of Article 9 “to a transfer in whole or in part of any claim arising out of tort.”
Section 3005 - Relief against mistake of law
N.Y. CPLR 3005 Cited 33 timesWhen relief against a mistake is sought in an action or by way of defense or counterclaim, relief shall not be denied merely because the mistake is one of law rather than one of fact. N.Y. CPLR 3005