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8 New York opinions name it 5 courts 1987–2024 4 in the last five years
The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Parekh v. Caingreen2 sentences2024To make out a legally viable claim for unfair competition, a plaintiff must allege that defendants misappropriated the plaintiff's labor, skill, expenditures, or good will, and displayed some element of bad faith in doing so ( see Parekh v Cain , 96 AD3d 812, 816 [2d Dept 2012]). 2024To make out a legally viable claim for unfair competition, a plaintiff must allege that defendants misappropriated the plaintiff's labor, skill, expenditures, or good will, and displayed some element of bad faith in doing so ( see Parekh v Cain , 96 AD3d 812, 816 [2d Dept 2012]). | 2 | 2 |
Abe's Rooms, Inc. v. Space Hunters, Inc.green2 sentences2012Inasmuch as the complaint alleged that the Orissa defendants misappropriated the plaintiffs labor, skill, expenditures, or good will, and displayed some element of bad faith in doing so, the allegations made out a legally viable claim for unfair competition (see Out of Box Promotions, LLC v Koschitzki, 55 AD3d 575, 578 [2008]; Abe’s Rooms, Inc. v Space Hunters, Inc., 38 AD3d 690, 692 [2007]). 2012Inasmuch as the complaint alleged that the Orissa defendants misappropriated the plaintiffs labor, skill, expenditures, or good will, and displayed some element of bad faith in doing so, the allegations made out a legally viable claim for unfair competition (see Out of Box Promotions, LLC v Koschitzki, 55 AD3d 575, 578 [2008]; Abe’s Rooms, Inc. v Space Hunters, Inc., 38 AD3d 690, 692 [2007]). | 2 | 2 |
Out of Box Promotions, LLC v. Koschitzkigreen2 sentences2012Inasmuch as the complaint alleged that the Orissa defendants misappropriated the plaintiffs labor, skill, expenditures, or good will, and displayed some element of bad faith in doing so, the allegations made out a legally viable claim for unfair competition (see Out of Box Promotions, LLC v Koschitzki, 55 AD3d 575, 578 [2008]; Abe’s Rooms, Inc. v Space Hunters, Inc., 38 AD3d 690, 692 [2007]). 2012Inasmuch as the complaint alleged that the Orissa defendants misappropriated the plaintiffs labor, skill, expenditures, or good will, and displayed some element of bad faith in doing so, the allegations made out a legally viable claim for unfair competition (see Out of Box Promotions, LLC v Koschitzki, 55 AD3d 575, 578 [2008]; Abe’s Rooms, Inc. v Space Hunters, Inc., 38 AD3d 690, 692 [2007]). | 2 | 2 |
Ross v. Louise Wise Services, Inc.green1 sentence2009With respect to Empire’s fourth cause of action for fraud, in order to plead a cause of action for fraud, a plaintiff must allege that the defendant made a false misrepresentation as to a material fact with the intent to deceive the plaintiff and that such misrepresentation was justifiably relied upon by the plaintiff, causing it to sustain damages (see Ross v Louise Wise Servs., Inc., 8 NY3d 478, 488 [2007]; New York Univ. v Continental Ins. | 1 | 1 |
111 East 88th Partners v. Simongreen1 sentence1987(See, Jangla Realty Co. v Gravagna, 112 Misc 2d 642 [Civ Ct, Queens County 1981] [landlord’s failure to repair defective lock after being given notice of defect breaches the warranty of habitability]; see also, 111 E. 88th Partners v Simon, 106 Misc 2d 693 [Civ Ct, NY County 1980].) Clearly, the purpose behind this requirement is to protect the tenant and his or her property from criminal acts of third parties. 1 Ms. Braxton has established a legally viable defense and counterclaim based on the warranty of habitability. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
EBC I, Inc. v. Goldman, Sachs & Co.
green
2 sentences2024However, at the pleading stage, we do not consider whether TENNY will eventually establish its cause of action, only whether it has alleged facts that support a legally viable claim (see Chanko, 27 NY3d at 52 ; EBC I, Inc., 5 NY3d at 19 ). 2024However, at the pleading stage, we do not consider whether TENNY will eventually establish its cause of action, only whether it has alleged facts that support a legally viable claim (see Chanko, 27 NY3d at 52 ; EBC I, Inc., 5 NY3d at 19 ). | 2 | 2024–2024 |
Chanko v. American Broadcasting Companies, Inc.
green
2 sentences2024However, at the pleading stage, we do not consider whether TENNY will eventually establish its cause of action, only whether it has alleged facts that support a legally viable claim (see Chanko, 27 NY3d at 52 ; EBC I, Inc., 5 NY3d at 19 ). 2024However, at the pleading stage, we do not consider whether TENNY will eventually establish its cause of action, only whether it has alleged facts that support a legally viable claim (see Chanko, 27 NY3d at 52 ; EBC I, Inc., 5 NY3d at 19 ). | 2 | 2024–2024 |
Fontanetta v. John Doe 1
green
2 sentences2012Finally, Locasio was not entitled to dismissal of the complaint insofar as asserted against him based upon CPLR 3211 (a) (1) since his submissions in support thereof did not constitute documentary evidence within the meaning of the statute (see Fontanetta v John Doe 1, 73 AD3d 78 [2010]). 2012Finally, Locasio was not entitled to dismissal of the complaint insofar as asserted against him based upon CPLR 3211 (a) (1) since his submissions in support thereof did not constitute documentary evidence within the meaning of the statute (see Fontanetta v John Doe 1, 73 AD3d 78 [2010]). | 2 | 2012–2012 |
Jangla Realty Co. v. Gravagna
neutral
1 sentence1987(See, Jangla Realty Co. v Gravagna, 112 Misc 2d 642 [Civ Ct, Queens County 1981] [landlord’s failure to repair defective lock after being given notice of defect breaches the warranty of habitability]; see also, 111 E. 88th Partners v Simon, 106 Misc 2d 693 [Civ Ct, NY County 1980].) Clearly, the purpose behind this requirement is to protect the tenant and his or her property from criminal acts of third parties. 1 Ms. Braxton has established a legally viable defense and counterclaim based on the warranty of habitability. | 1 | 1987–1987 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.