Nicholson v. Scoppetta

Decision Date25 November 2003
PartiesSHARWLINE NICHOLSON et al., Respondents, v. NICHOLAS SCOPPETTA et al., Appellants.
CourtNew York Court of Appeals Court of Appeals

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO and READ, concur. Certfication of questions by the United States Court of Appeals for the Second Circuit, pursuant to section 500.17 of the Rules of the Court of Appeals (22 NYCRR 500.17), accepted and the issues presented are to be considered after briefing and argument.

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5 cases
  • Velez v. Reynolds, 02 CIV.8315 JGK.
    • United States
    • U.S. District Court — Southern District of New York
    • 10 Julio 2004
    ...971 (1941). The New York Court of Appeals has accepted and is now considering the certified questions. Nicholson v. Scoppetta, 1 N.Y.3d 538, 775 N.Y.S.2d 233, 807 N.E.2d 283 (2003). The parties in this case have not argued for Pullman abstention and have not suggested that the procedural po......
  • Moses v. Westchester Cnty. Dep't of Corr., 10 Civ. 9468 (ER)
    • United States
    • U.S. District Court — Southern District of New York
    • 29 Septiembre 2017
    ...custom or practice of its employees . . . ." Nicholson v. Scoppetta, 344 F.3d 154, 166 (2d Cir.), certified question accepted, 1 N.Y.3d 538, 807 N.E.2d 283 (2003), and certified question answered, 3 N.Y.3d 357, 820 N.E.2d 840 (2004). Municipal policies may be found not only in written regul......
  • NNANB Garthon Bus. Inc. v. Stein, 653715/14, 16521NB, 16521NA, 16521N.
    • United States
    • New York Supreme Court — Appellate Division
    • 26 Abril 2016
    ...Funding, Ltd. Partnership v. Duke/Fluor Daniel, 307 A.D.2d 828, 828, 763 N.Y.S.2d 574 [1st Dept.2003], lv. denied 1 N.Y.3d 538, 775 N.Y.S.2d 233, 807 N.E.2d 283 [2003] ). The general rule, however, does not apply where the parties have clearly and unmistakably provided that this jurisdictio......
  • KPMG LLP v. Marc S. Kirschner, in His Capacity of the Millennium Corporate Claim Trust
    • United States
    • New York Supreme Court — Appellate Division
    • 16 Abril 2020
    ...Hawkeye Funding, Ltd. Partnership v. Duke/Fluor Daniel , 307 A.D.2d 828, 763 N.Y.S.2d 574 [1st Dept. 2003], lv denied 1 N.Y.3d 538, 775 N.Y.S.2d 233, 807 N.E.2d 283 [2003] ). The parties agree that the only theory under which respondent, as a nonsignatory to the engagement letter containing......
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