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26 Jun 2023, 3:15 am by Andrew Lavoott Bluestone
., 35 NY3d 173, 178 [2020]; Eurycleia Partners, LP v Seward & Kissel, LLP, 12 NY3d 553, 559 [2009]; CPLR 3016 [b]). [read post]
4 Apr 2023, 12:44 pm by qbaron
Kissell Dean Andrew Guzman named USC provost and senior vice president for academic affairs [read post]
5 Dec 2022, 4:58 am by Andrew Lavoott Bluestone
The plaintiffs cross-moved pursuant to CPLR 3025(b) for leave to amend the complaint. [read post]
17 Apr 2022, 1:01 pm by Patricia Salkin
The public body must (a) adopt written procedures governing member and public attendance consistentwith Public Officers Law § 103‐a and (b) conspicuously post those written procedures on the publicbody’s website. [read post]
15 Apr 2022, 3:55 am by Andrew Lavoott Bluestone
“However, the pleading requirements of CPLR 3016(b) may be met when the facts are sufficient to permit a reasonable inference of the alleged conduct” (Berkovits v Berkovits, 190 AD3d 911, 915; see Pludeman v Northern Leasing Sys., Inc., 10 NY3d 486, 492). [read post]
16 Jun 2021, 3:14 am by Andrew Lavoott Bluestone
A claim rooted in fraud must be pleaded with the requisite particularity under CPLR 3016 (b)’ ” (Shahid v Ridgewood Bushwick Senior Citizens Council, Inc., 181 AD3d 744, 745 [2020], quoting Eurycleia Partners, LP v Seward & Kissel, LLP, 12 NY3d 553, 559 [2009]). [read post]
18 Mar 2020, 5:00 pm by A. Robert Quirk, Muhammad U. Faridi
With respect to the specificity of the pleading, the Court emphasized that “‘section 3016(b) may be met when the facts are sufficient to permit a reasonable inference of the alleged conduct. [read post]
28 Jun 2019, 6:03 am by Andrew Lavoott Bluestone
 Sapienza v Becker & Poliakoff  2019 NY Slip Op 05218 Decided on June 27, 2019 Appellate Division, First Department is an example: “Plaintiff’s fraud claim was properly dismissed, as plaintiff did not allege “actual pecuniary loss sustained” by plaintiff’s decedent individually “as the direct result of” defendants’ alleged fraud (Lama Holding Co. v Smith Barney, 88 NY2d 413, 421 [1996] [internal quotation marks omitted]),… [read post]
28 Jun 2019, 6:03 am by Andrew Lavoott Bluestone
 Sapienza v Becker & Poliakoff  2019 NY Slip Op 05218 Decided on June 27, 2019 Appellate Division, First Department is an example: “Plaintiff’s fraud claim was properly dismissed, as plaintiff did not allege “actual pecuniary loss sustained” by plaintiff’s decedent individually “as the direct result of” defendants’ alleged fraud (Lama Holding Co. v Smith Barney, 88 NY2d 413, 421 [1996] [internal quotation marks omitted]),… [read post]
18 Mar 2019, 4:13 am by Andrew Lavoott Bluestone
While incontrovertible proof of fraud is not required at the pleading stage, CPLR 3016[b] mandates particularity such that elementary facts from which misconduct may be inferred must be stated (see Eurycleia Partners, LP v Seward & Kissel, LLP, supra). [read post]
18 Sep 2017, 7:25 am by John Jascob
The panels’ moderator, Marlon Paz, partner at Seward & Kissel LLP, explained that Exchange Act Section 3(a)(4) is the starting point for determining if someone must be registered with the Commission. [read post]
6 Apr 2016, 8:23 am by June Casey
Wednesday, April 20, 2016 at noon, with lunchHarvard Law School Room WCC 2019 Milstein West A/B (Directions)1585 Massachusetts Ave., Cambridge                       Professor David B. [read post]