Valerio v. City of New York, 23 A.D.3d 308 (N.Y. App. Div. 2005). · Go Syfert
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Valerio v. City of New York, 23 A.D.3d 308 (N.Y. App. Div. 2005). Cases Citing This Book View Copy Cite
16 citation events (16 in the last 25 years) across 6 distinct courts.
Strongest positive: Quinn Emanuel Urquhart & Sullivan, LLP v. Desktop Metal, Inc. (nysupctnewyork, 2025-04-21) · Strongest negative: James Cable, LLC v. Millennium Digital Media Systems, L.L.C. (In Re Broadstripe, LLC) (deb, 2010-09-01)
Top citers, strongest first. 4 distinct citers. How cited ↗
discussed Cited "but see" James Cable, LLC v. Millennium Digital Media Systems, L.L.C. (In Re Broadstripe, LLC)
Bankr. D. Del. · 2010 · signal: but see · confidence high
But see Bank of N.Y. v. River Terrace Assoc., LLC, 804 N.Y.S.2d 728 , 23 A.D.3d 308 , (N.Y.App.Div. 1st Dep’t 2005) ("The long-term construction loan agreement at issue is not analogous to a sales contract, as was the contract in Norcon to supply electricity generated at the Norcon facility to a public utility provider for a 25-year period, so as to warrant extension of the doctrine to the facts presented here.”) 57 .
discussed Cited as authority (rule) Quinn Emanuel Urquhart & Sullivan, LLP v. Desktop Metal, Inc. (2×)
N.Y. Sup. Ct., New York Cty. · 2025 · confidence medium
The Court of Appeals in Norean cautioned courts to "proceed warily in extending this UCC doctrine to the common law of this State" (Bank ofNew York v River Terrace Assoc., LLC, 23 AD3d 308, 309 [1st Dept 2005], citing Norean, 92 NY2d at 468 ).
discussed Cited as authority (rule) Deutsche Bank Trust Co. v. Tri-Links Investment Trust
N.Y. App. Div. · 2007 · confidence medium
A result that would lead to a finding of waiver in such a large number of cases is disfavored (see Bank of N.Y. v River Terrace Assoc., LLC, 23 AD3d 308, 311 [2005] [bank suing to be indemnified for attorneys’ fees incurred as agent for other banks did not waive attorney-client privilege by alleging that “it had neither been grossly negligent nor engaged in willful misconduct”]). 10 Tri-Links further argues that, even if Bankers Trust did not waive its attorney-client privilege as to the WMI action simply by commencing a lawsuit seeking indemnification for the costs of that litigation, s…
cited Cited "see" BNP Paribas Mortgage Corp. v. Bank of America, N.A.
S.D.N.Y. · 2011 · signal: see · confidence high
See Bank of N.Y., 23 A.D.3d at 310 , 804 N.Y.S.2d 728 .
Retrieving the full opinion text from the archive…
Cecilia Valerio
v.
City of New York, and Triumph Construction Corp., (And a Third-Farty Action.)
Appellate Division of the Supreme Court of the State of New York.
Nov 29, 2005.
23 A.D.3d 308
Cited by 2 opinions  |  Published

Order, Supreme Court, New York County (Doris Ling-Cohan, J.), entered January 10, 2005, which, to the extent appealed from, denied defendant Triumph Construction’s motion for summary judgment with respect to the complaint and cross claims against it, unanimously affirmed, without costs.

The speculative and contradictory deposition testimony of Triumph’s officer/employee was insufficient to establish a prima facie entitlement to judgment as a matter of law. Moreover, whatever showing Triumph made was rebutted by plaintiff with admissible evidence in the form of street opening permits as well as the officer’s deposition testimony, raising a triable issue of fact (cf. James v Jamie Towers Hous. Co., 99 NY2d 639 [2003], affg 294 AD2d 268 [2002]). Concur—Saxe, J.P., Ellerin, Sweeny and Catterson, JJ.