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26 Feb 2024, 3:54 am by Andrew Lavoott Bluestone
Realty Corp., 60 AD3d 404, 405 [1st Dept 2009], lv dismissed 12 NY3d 880 [2009]). [read post]
20 Dec 2023, 6:32 am by Andrew Lavoott Bluestone
At that time, Schlesinger was an associate at J&S who had met with plaintiff and represented her at the 50-h hearing. [read post]
18 Dec 2023, 3:25 am by Andrew Lavoott Bluestone
This speculation is insufficient to establish that defendant’s malpractice, if any, was a proximate cause of plaintiff’s losses (see Brooks v Lewin, 21 AD3d 731, 734-735 [1st Dept 2005], lv denied 6 NY3d 713 [2006]). [read post]
12 May 2023, 5:11 am by Andrew Lavoott Bluestone
; see also Davis v Cohen & Gresser, LLP, 160 AD3d 484, 486 [1st Dept 2018], lv denied 32 NY3d 911 [2018]). [read post]
11 Apr 2023, 6:00 am by Public Employment Law Press
Thus, we cannot sustain Supreme Court's partial granting of the petition on this ground (see Matter of Level 3 Communications, LLC v Essex County, 129 AD3d 1255, 1256 [3d Dept 2015], lv denied 26 NY3d 907 [2015]). [read post]
11 Apr 2023, 6:00 am by Public Employment Law Press
Thus, we cannot sustain Supreme Court's partial granting of the petition on this ground (see Matter of Level 3 Communications, LLC v Essex County, 129 AD3d 1255, 1256 [3d Dept 2015], lv denied 26 NY3d 907 [2015]). [read post]
27 Mar 2023, 3:55 am by Peter Mahler
[but] the fact that dissension exists and has resulted in a deadlock precluding the successful and profitable conduct of the corporation’s affairs’ ” (Matter of ANO, Inc. v Goldberg, 167 AD3d at 732, quoting Matter of Goodman v Lovett, 200 AD2d 670, 670-671 [2d Dept 1994], lv dismissed 84 NY2d 850 [1994]). [read post]
3 Feb 2023, 9:30 pm by Public Employment Law Press
[by] name or other reasonable technological effort" (Matter of Pflaum v Grattan, 116 AD3d 1103, 1104 [3d Dept 2014]; see Matter of Reclaim the Records v New York State Dept. of Health, 185 AD3d 1268, 1269 [3d Dept 2020], lv denied 36 NY3d 910 [2021]). [read post]
3 Feb 2023, 9:30 pm by Public Employment Law Press
[by] name or other reasonable technological effort" (Matter of Pflaum v Grattan, 116 AD3d 1103, 1104 [3d Dept 2014]; see Matter of Reclaim the Records v New York State Dept. of Health, 185 AD3d 1268, 1269 [3d Dept 2020], lv denied 36 NY3d 910 [2021]). [read post]
21 Dec 2022, 6:22 am by Andrew Lavoott Bluestone
The complaint otherwise failed to state a cause of action for breach of contract or violation of Judiciary Law § 487(1) (see generally Second Source Funding, LLC v Yellowstone Capital, LLC, 144 AD3d 445, 445-446 [1st Dept 2016]; Brookwood Cos., Inc. v Alston & Bird, LLP, 146 AD3d 662, 669 [1st Dept 2017]; Facebook, Inc. v DLA Piper LLP [US], 134 AD3d 610, 615 [1st Dept 2015], lv denied 28 NY3d 903 [2016]; CPLR 3211[a][7]). [read post]
16 Sep 2022, 5:14 am by Andrew Lavoott Bluestone
Co. v Rosenberg & Estis, 192 AD2d 451,451 [1st Dept 1993], lv denied 82 NY2d 654 [1993] [plaintiff’s unilateral beliefs and actions do not confer upon it the status of client”]). [read post]
24 Jun 2022, 9:09 pm by Public Employment Law Press
We agree with respondent that the proceeding, insofar as it challenges the constructive denial of petitioner's FOIL request, is moot (see Matter of Save Monroe Ave., Inc. v New York State Dept. of Transp., 197 AD3d 808, 809 [2021], lv denied 38 NY3d 905 [2022]; Matter of Vertucci v New York State Dept. of Transp., 195 AD3d 1209, 1210 [2021], lv denied 37 NY3d 917 [2022]; Matter of Gannett Satellite Info. [read post]
24 Jun 2022, 9:09 pm by Public Employment Law Press
We agree with respondent that the proceeding, insofar as it challenges the constructive denial of petitioner's FOIL request, is moot (see Matter of Save Monroe Ave., Inc. v New York State Dept. of Transp., 197 AD3d 808, 809 [2021], lv denied 38 NY3d 905 [2022]; Matter of Vertucci v New York State Dept. of Transp., 195 AD3d 1209, 1210 [2021], lv denied 37 NY3d 917 [2022]; Matter of Gannett Satellite Info. [read post]
24 Jun 2022, 9:06 pm by Public Employment Law Press
Consequently, as there was no medical evidence establishing a recognizable link between claimant's injuries and repetitive movements associated with her work activities, substantial evidence supports the Board's determination that claimant did not establish that she sustained a causally-related occupational disease (see Matter of Patalan v PAL Envtl., 202 AD3d at 1253; Matter of Barker v New York City Police Dept., 176 AD3d at 1272-1273; Matter of Glowczynski… [read post]
24 Jun 2022, 9:06 pm by Public Employment Law Press
Consequently, as there was no medical evidence establishing a recognizable link between claimant's injuries and repetitive movements associated with her work activities, substantial evidence supports the Board's determination that claimant did not establish that she sustained a causally-related occupational disease (see Matter of Patalan v PAL Envtl., 202 AD3d at 1253; Matter of Barker v New York City Police Dept., 176 AD3d at 1272-1273; Matter of Glowczynski… [read post]
24 Jun 2022, 9:03 am by Rebecca Tushnet
A membership group might not have brand value (Happy Valley PTA example) v signaling I can afford LV, which does depend on brand value). [read post]
20 Jun 2022, 3:11 am by Andrew Lavoott Bluestone
The “doctrine of judicial estoppel may bar a party from pursuing claims which were not listed in a previous bankruptcy proceeding” (Moran Enters., Inc. v Hurst, 160 AD3d 638, 640 [2d Dept 2018], lv denied 32 NY3d 908 [2018], rearg denied 32 NY3d 1195 [2019]; see Popadyn v Clark Constr. [read post]
10 Jun 2022, 9:33 pm by Public Employment Law Press
Assn.], 93 NY2d 132, 143; see Matter of City of Yonkers v Yonkers Fire Fighters, Local 628, IAFF, AFL-CIO, 187 AD3d 900, 901, lv granted 37 NY3d 910; Matter of City of Yonkers v Yonkers Fire Fighters, Local 628, IAFF, AFL-CIO, 153 AD3d 617, 618). [read post]
10 Jun 2022, 9:33 pm by Public Employment Law Press
Assn.], 93 NY2d 132, 143; see Matter of City of Yonkers v Yonkers Fire Fighters, Local 628, IAFF, AFL-CIO, 187 AD3d 900, 901, lv granted 37 NY3d 910; Matter of City of Yonkers v Yonkers Fire Fighters, Local 628, IAFF, AFL-CIO, 153 AD3d 617, 618). [read post]