Petrello v. White

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the existence of a written agreement precludes a finding of unjust enrichment and, therefore, constructive trust remedy, and collecting cases
• Plaintiff “would be entitled to damages arising from fraud if he could prove that such fraud in the inducement occurred and that he was damaged thereby.”
• the party requesting specific performance “must show . . .that the party is ready willing and able to perform the contract and has fulfilled all of its duties to date. . .that it is within the opposing party’s power to perform and. . . that there is no adequate remedy at law”
• the party requesting specific performance “must show . . .that the party is ready willing and able to perform the contract and has fulfilled all of its duties to date. . .that it is within the opposing party’s power to perform and. . . that there is no adequate remedy at law”

Source: CourtListener parenthetical corpus (CC0).

Cited by

6 cases in this archive cite this case.

• Petrello v. White
  Second Circuit· 2008-07-10· cited 71×
• Matsumura v. Benihana National Corp.
  S.D. New York· 2008-01-25· cited 32×
• Rodriguez v. It's Just Lunch, International
  S.D. New York· 2014-05-14· cited 24×
• Apace Communications, Ltd. v. Burke
  W.D. New York· 2007-11-16· cited 14×
• In re Flour City Bagels, LLC
  W.D. New York· 2016-09-02· cited 7×
• Thaler Ex Rel. Estate of Adler v. Adler (In Re Adler)
  E.D. New York· 2007-06-28· cited 2×

Cites

66 cases in this archive are cited by this case; the 20 most cited are listed.

• Anderson v. Liberty Lobby, Inc.
  Supreme Court· 1986-06-25· cited 135,235×
• Celotex Corp. v. Catrett, Administratrix of the Estate of Catrett
  Supreme Court· 1986-06-25· cited 119,442×
• Foman v. Davis
  Supreme Court· 1962-12-03· cited 17,205×
• Reeves v. Sanderson Plumbing Products, Inc.
  Supreme Court· 2000-06-12· cited 12,455×
• Prima Paint Corp. v. Flood & Conklin Mfg. Co.
  Supreme Court· 1967-06-12· cited 2,844×
• Meiri v. Dacon
  Second Circuit· 1985-04-02· cited 1,024×
• Jose GOENAGA, Plaintiff-Appellant, v. MARCH OF DIMES BIRTH DEFECTS FOUNDATION, Defendant-Appellee
  Second Circuit· 1995-03-24· cited 917×
• Mills v. Polar Molecular Corp.
  Second Circuit· 1993-12-17· cited 848×
• Patterson v. County of Oneida
  Second Circuit· 2004-07-15· cited 784×
• Joseph E. Dister v. The Continental Group, Inc.
  Second Circuit· 1988-10-03· cited 764×
• John C. Donahue v. Windsor Locks Board of Fire Commissioners, John R. Colli, Jr., Russell C. Gabrielson, and John R. Colli, III
  Second Circuit· 1987-11-25· cited 734×
• Acito v. IMCERA Group, Inc.
  Second Circuit· 1995-02-01· cited 639×
• Rocanova v. Equitable Life Assurance Society of United States
  New York Court of Appeals· 1994-05-10· cited 506×
• Kaufman v. Cohen
  Appellate Division of the Supreme Court of New York· 2003-05-27· cited 469×
• Channel Master Corp. v. Aluminium Limited Sales, Inc.
  New York Court of Appeals· 1958-06-25· cited 415×
• Simonds v. Simonds
  New York Court of Appeals· 1978-07-11· cited 400×
• Sabo v. Delman
  New York Court of Appeals· 1957-07-03· cited 256×
• Goldman v. Metropolitan Life Insurance
  New York Court of Appeals· 2005-11-21· cited 250×
• Kerman v. City of New York
  Second Circuit· 2004-06-28· cited 237×
• Dr. Judith Piesco v. Edward I. Koch, the City of New York, Department of Personnel, Juan Ortiz and Nicholas Laporte, Jr.
  Second Circuit· 1993-12-10· cited 176×