Legal Opinion
Marine Midland Bank v. John E. Russo Produce Co.
New York Court of Appeals
Decided April 3, 1980PublishedCited by 198 opinions
1Opinion of the Court
OPINION OF THE COURT
Fuchsberg, J.
On this appeal in a suit brought by a bank to impose liability on two of its corporate customers and their officers, we are called upon to pass on issues involving (1) the inference, if any, a trier of the facts in a civil case may draw from a party’s assertion of his Fifth Amendment right to refuse to answer questions posed by his adversary; (2) the imputation of a bookkeeper’s knowledge of a fraudulent scheme to her corporate employer under the principles of the law of agency; (3) the procedures to be employed in moving to amend the pleadings to conform to…
2Cases cited23 opinions
- Griffin v. CaliforniaSupreme Court of the United States · 1965
- Baxter v. PalmigianoSupreme Court of the United States · 1976
- Lefkowitz v. TurleySupreme Court of the United States · 1973
- Spevack v. KleinSupreme Court of the United States · 1967
- Jo Ann Homes at Bellmore, Inc. v. DworetzNew York Court of Appeals · 1969
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3Cited by198 opinions
- Stanley Cohen, Gerald A. Garfinkle, Eastern Artists and Drafting Materials, Inc. v. Elliott Koenig, and Robert KoenigCourt of Appeals for the Second Circuit · 1994
- Fed. Sec. L. Rep. P 99,479 Samuel Mallis and Franklyn B. Kupferman, Cross-Appellants v. Bankers Trust Company, Cross-AppelleeCourt of Appeals for the Second Circuit · 1983
- Commissioner of Social Services v. Philip De G.New York Court of Appeals · 1983
- Pludeman v. NORTHERN LEASINGNew York Court of Appeals · 2008
- Center v. Hampton Affiliates, Inc.New York Court of Appeals · 1985
193 more not listed; retrieve them via the Exa API.