Legal Opinion
Bartz v. Agway, Inc.
District Court, N.D. New York
Decided April 21, 1994No. 91-CV-1050PublishedCited by 6 opinions
1Opinion of the Court
MEMORANDUM-DECISION AND ORDER
McAVOY, Chief Judge.
Presently before the court is a motion by the plaintiff pursuant to Federal Rules of Civil Procedure 59(a) and 59(e), to amend and alter the Summary Judgment Order issued by this court on September 16, 1993, which dismissed the plaintiffs cause of action based upon an alleged breach of employment contract.
There are generally only three circumstances under which a court will agree to reconsider a prior decision. To successfully prevail, the moving party must show the existence of: (1) an intervening change of controlling law; (2) the…
2Cases cited10 opinions
- Murphy v. American Home Products Corp.New York Court of Appeals · 1983
- Sabetay v. Sterling Drug, Inc.New York Court of Appeals · 1987
- Gorrill v. Icelandair/FlugleidirCourt of Appeals for the Second Circuit · 1985
- Andrew Mycak v. Honeywell, Inc. And Honeywell Federal Systems, Inc.Court of Appeals for the Second Circuit · 1992
- McLaughlin v. New York, Governor's Office of Employee RelationsDistrict Court, N.D. New York · 1992
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Jackson v. JiminoDistrict Court, N.D. New York · 2007
- Hollis v. City of BuffaloDistrict Court, W.D. New York · 1999
- United States v. GagnonDistrict Court, N.D. New York · 2003
- Cavallo v. Utica-Watertown Health Ins. Co., Inc.District Court, N.D. New York · 1998
- Albany Sav. Bank, FSB v. HalpinDistrict Court, N.D. New York · 1996
1 more not listed; retrieve them via the Exa API.