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20 May 2024, 4:55 am by Andrew Lavoott Bluestone
In opposition, the plaintiff failed to raise a triable issue of fact (see Magnacoustics, Inc. v Ostrolenk, Faber, Gerb & Soffen, 303 AD2d 561, 562). [read post]
20 May 2024, 4:26 am by Becky (Hyun Jeong) Baek
Oral Argument and Decision on Defendants’ Motion to Dismiss Justice Schecter’s first question out the gate set the tone for the rest of the argument: I really want to focus on the agreement that was signed… Why does that not utterly refute the plaintiff’s claims here in every single way? [read post]
19 May 2024, 11:00 pm
CHECKS REFLECTED THAT THE DISPUTED INVOICE HAD BEEN FULLY PAIDIn a commercial claims case brought in the Kings County Civil Court, CEH&AC alleged that it was owed money for heating system services provided to MRE&P.While the plaintiff alleged that some $2,203.94 was due, after a hearing (and a review of the defendant’s payment receipts), the judge ended up dismissing the case.On appeal, the Appellate Term, Second Department, noted that the defendant’s… [read post]
18 May 2024, 7:41 am by Russell Knight
Other factors include: (1) the length of time used to obtain service of process; (2) the activities of the plaintiff; (3) plaintiff’s knowledge of the defendant’s location; (4) the ease with which the defendant’s whereabouts could have been ascertained; (5) special circumstances which would affect plaintiff’s efforts; and (6) actual service on the defendant”  Womick v. [read post]
17 May 2024, 6:00 am by Public Employment Law Press
 United States Court of Appeals For the Second Circuit August Term 2023 Argued: March 19, 2024 Decided: May 10, 2024 No. 23-1217 JASON DOHERTY, Plaintiff-Appellant, v. [read post]
17 May 2024, 6:00 am by Public Employment Law Press
 United States Court of Appeals For the Second Circuit August Term 2023 Argued: March 19, 2024 Decided: May 10, 2024 No. 23-1217 JASON DOHERTY, Plaintiff-Appellant, v. [read post]
17 May 2024, 2:56 am by Andrew Lavoott Bluestone
“In this legal malpractice action, plaintiff, an attorney acting pro se, alleges that defendants Bellinson Law, LLC, and Robert J. [read post]
16 May 2024, 10:30 pm by Michael Chatzipanagiotis
In its judgment in C-173/23 Eventmedia Soluciones SL v Air Europa Líneas Aéreas SAU ECLI:EU:C:2024:295 (Judgment), the European Court of Justice (ECJ) ruled on some aspects of the duty of national courts to assess of their own motion the unfairness of contractual terms in the context of air carriage under the 1999 Montreal Convention on the liability of the international air carrier (MC99). [read post]