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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]
3 Mar 2011, 3:49 am
”Noting that paragraph 9 of the PBA’s petition seeking to compel arbitration itself confirm that the parties understood that the DEP would be a probationary period, the Appellate Division said that “This clear meaning and understanding of the parties is in complete harmony with the meaning and use of DEPs in similar reported cases,” citing Matter of Miller v Coughlin, 59 NY2d 490, 493; and Matter of McGough v State of New York, 243 AD2d 983, 983-984 [1997],… [read post]
19 Apr 2020, 9:00 am by Eric Goldman
Oct. 23, 2019): Taking LV Skydiving’s allegations as true, LV Skydiving has plausibly alleged Groupon used LV Skydiving’s protected mark in its metadata to cause initial interest confusion by directing potential customers to offers to buy a skydiving service from other businesses associated with Groupon. [read post]
4 Jan 2011, 4:14 am
"[O]ne who executes a plain and unambiguous [contract] cannot avoid its effect by merely stating that [he or] she misinterpreted its terms" (Koster v Ketchum Communications, 204 AD2d 280, lv dismissed 85 NY2d 857). [read post]
27 Jul 2011, 4:49 pm by Gary A. Watt
LV Associates Inc. 2011 Cal.App. [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]
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]
12 Jan 2012, 5:00 am by IP Dragon
 This tradition dates from 1908 when LV fought its first IP battle. [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]
21 Mar 2022, 3:24 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]
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]
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]