Borkowski v. Borkowski

In Borkowski v. Borkowski, 39 N.Y.2d 982, 387 N.Y.S.2d 233, 355 N.E.2d 287 (1976), in a memorandum decision, the court noted that punitive damages could be recovered in a fraud action without showing public harm, if the proof establishes "gross, wanton or willful fraud or other morally culpable conduct."

Morsette v. the Final Call

Affirming a $100,000 award for past mental anguish and emotional harm and reducing an award for future mental anguish and emotional harm from $500,000 to $300,000 in a libel case where defendant published a picture of the plaintiff in a newspaper that was altered to make her look like an inmate, causing depression, anxiety, and weight gain

Ostano Commerzanstalt v. Telewide Sys., Inc.

Holding that a plaintiff cannot recover both benefit-of-the-bargain damages for breach of contract and out-of-pocket expenses for fraud; there is no fraud claim at issue in the case at bar

Kounitz v. Slaatten

Holding that allegations of emotional distress by husband of wife who was fired, allegedly in retaliation for husband's exercise of his free speech rights, did not demonstrate an injury sufficient to confer standing

Feinberg v. Katz

Holding that a parent company "cannot bring claims to recover damages incurred by its subsidiary"

Getty Petroleum Corp. v. Island Transp. Corp.

Affirming district court's instruction to jury that it could consider concessions of defendant's counsel in his opening statement as concessions by defendant itself

Correction Officers Benevolent Ass'n of Rockland County v. Kralik

Concluding that letters were not written instruments for purposes of Rule 10(c)

Burger v. Health Insurance Plan of Greater New York

Holding that potential for jury confusion was one reason for dismissing state claim

Brinkley v. Casablancas

Holding that an unauthorized distribution of a model's name or likeness was actionable

Gleason v. Chain Service Restaurant

Denying defendants' motion to strike complaint in its entirety, and instead partially granting alternative request to strike specific allegations

Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

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

Section 1125 - False designations of origin, false descriptions, and dilution forbidden

Holding "the person who asserts trade dress protection has the burden of proving that the matter sought to be protected is not functional"

Section 51 - Action for injunction and for damages

Affording cause of action for commercial use of name or picture without prior written consent

Section 35.07 - Unlawful exhibitions