Legal Opinion
Hong Kong Export Credit Ins. Corp. v. Dun & Bradstreet
District Court, S.D. New York
Decided December 29, 1975No. 72 Civil 3257PublishedCited by 27 opinions
1Opinion of the Court
LEVET, District Judge.
The defendant here has moved pursuant to Rule 50(a) of the Federal Rules of Civil Procedure for a directed verdict of dismissal as to all five of plaintiff’s claims:
One, as to the breach of the subscription agreement; two, as to the so-called breach of the cabling agreement; three, negligence; four, gross negligence and five, fraud.
Under Rule 50(a) such a motion will be granted only where there is an absence of controverted issues of fact. In Brady v. Southern Railroad, 320 U.S. 476, 64 S.Ct. 232, 88 L.Ed. 239 (1943), the Supreme Court announced the standard in the…
2Cases cited4 opinions
- Brady v. Southern Railway Co.Supreme Court of the United States · 1944
- Ochs v. . WoodsNew York Court of Appeals · 1917
- Ciofalo v. Vic Tanney Gyms, Inc.New York Court of Appeals · 1961
- Mowry v. Western Union Telegraph Co.New York Supreme Court · 1889
3Cited by27 opinions
- Herbert Markman and Positek, Inc. v. Westview Instruments, Inc. And Althon Enterprises, Inc.Court of Appeals for the Federal Circuit · 1995
- McGill Incorporated v. John Zink Company, McGill Incorporated, Cross-Appellant v. John Zink Company, Cross-AppelleeCourt of Appeals for the Federal Circuit · 1984
- In Re Best Products Co., Inc.United States Bankruptcy Court, S.D. New York · 1994
- Donald L. Murphy v. White Hen Pantry CompanyCourt of Appeals for the Seventh Circuit · 1982
- Candid Productions, Inc. v. International Skating UnionDistrict Court, S.D. New York · 1982
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