7 Cited authorities

Ross v. Bernhard
396 U.S. 531 (1970) Cited 1,005 times 2 Legal Analyses
Holding that the derivative nature of the plaintiffs' shareholder suit was not relevant to the question of whether a jury trial attached to their cause of action under the Seventh Amendment and observing that the same is true of a party's status as an intervenor
Fantis v. Standard Importing
49 N.Y.2d 317 (N.Y. 1980) Cited 277 times 1 Legal Analyses
Holding that Section 302 did not confer personal jurisdiction over defendant where "the only possible connection between the claimed conversion and any injury or foreseeable consequence in New York is the fact that [plaintiff] is incorporated and maintains offices there"
Fitzpatrick House v. Neighborhood
55 A.D.3d 664 (N.Y. App. Div. 2008) Cited 70 times
No. 2007-08035. October 14, 2008. In an action, inter alia, to recover damages for conversion and breach of fiduciary duty, the plaintiff appeals from an order of the Supreme Court, Westchester County (Lefkowitz, J.), entered August 8, 2007, which denied its motion for summary judgment on the fifth and sixth causes of action and to dismiss the third counterclaim of the defendant Neighborhood Youth Family Services. Schneider Goldstein Bloomfield, LLP, New York, N.Y. (Donald F. Schneider of counsel)
Marketxt Holdings Corp. v. Engel Reiman, P.C.
693 F. Supp. 2d 387 (S.D.N.Y. 2010) Cited 45 times
Holding a fraud claim to be incidental to related claims where "the gravamen of plaintiff's claims is that [defendant] stole funds from [plaintiff], not that he lied about doing so"
Newbro v. Freed
409 F. Supp. 2d 386 (S.D.N.Y. 2006) Cited 41 times
Finding that because the claims against defendants for unauthorized transfers "belong[ed] solely to plaintiff," and the absent parties could not assert a claim for return of those funds against defendants, there was no need to join the absent parties to the litigation
Section 5001 - Interest to verdict, report or decision
N.Y. CPLR 5001 Cited 2,431 times 4 Legal Analyses
Allowing prejudgment interest in contract cases
Section 5004 - Rate of interest
N.Y. C.P.L.R. § 5004 Cited 1,594 times 1 Legal Analyses
Governing New York State statutory interest rate for pre-judgment interest

Tyco International, et al v. Swartz

7 Cited authorities

Ross v. Bernhard

Holding that the derivative nature of the plaintiffs' shareholder suit was not relevant to the question of whether a jury trial attached to their cause of action under the Seventh Amendment and observing that the same is true of a party's status as an intervenor

Fantis v. Standard Importing

Holding that Section 302 did not confer personal jurisdiction over defendant where "the only possible connection between the claimed conversion and any injury or foreseeable consequence in New York is the fact that [plaintiff] is incorporated and maintains offices there"

Fitzpatrick House v. Neighborhood

Marketxt Holdings Corp. v. Engel Reiman, P.C.

Holding a fraud claim to be incidental to related claims where "the gravamen of plaintiff's claims is that [defendant] stole funds from [plaintiff], not that he lied about doing so"

Newbro v. Freed

Finding that because the claims against defendants for unauthorized transfers "belong[ed] solely to plaintiff," and the absent parties could not assert a claim for return of those funds against defendants, there was no need to join the absent parties to the litigation

Section 5001 - Interest to verdict, report or decision

Allowing prejudgment interest in contract cases

Section 5004 - Rate of interest

Governing New York State statutory interest rate for pre-judgment interest