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31 Oct 2022, 4:53 am by Franklin C. McRoberts
In Sage, the Court of Appeals overturned a line of case law starting with Crossroads ABL LLC v Canaras Capital Mgt., LLC (105 AD3d 645 [1st Dept 2013]). [read post]
28 Sep 2022, 2:06 am by Andrew Lavoott Bluestone
Attorneys are afforded a very wide swath of protection when they act as criminal defense attorneys. [read post]
7 Sep 2022, 5:32 am by Andrew Lavoott Bluestone
And so even if there was some malpractice, successor counsel had a chance to address it (Davis v Cohen & Gresser, LLP, 160 AD3d 484, 487, 74 NYS3d 534 [1st Dept 2018] [dismissing a legal malpractice claim where a successor counsel had sufficient time to protect plaintiff’s interests and failed to do so]). [read post]
29 Aug 2022, 4:40 am by Franklin C. McRoberts
The Larsen Decision The first was Larsen v Larsen (2022 NY Slip Op 32415(U) [Sup Ct, Kings County July 18, 2022]), in which Brooklyn Commercial Division Justice Leon Ruchelsman considered and rejected a pre-answer dismissal challenge to a shareholder derivative suit based upon the suing minority shareholder’s alleged conflict of interest. [read post]
15 Aug 2022, 3:48 am by Peter Mahler
“Grammatical Irregularities” Don’t Govern Operating Agreement’s Capital Call Provision  Chen v 697 Dekalb LLC, 2022 NY Slip Op 32418(U) [Sup Ct Kings County July 18, 2022]. [read post]
22 Jun 2022, 3:58 am by Andrew Lavoott Bluestone
Lee Anav Chung White Kim Ruger & Richter LLP v Capone  2022 NY Slip Op 31731(U) May 25, 2022 Supreme Court, New York County Docket Number: Index No. 657197/2020 Judge: Arlene Bluth stands for the proposition that an account stated is stronger than almost any defense. [read post]
In a paternity case with child support proceedings equitable estoppel may be used as a defense when another father figure is already present in that child’s life. [read post]
20 May 2022, 1:56 pm by David Kopel
Montana Dept. of Revenue, involving state constitution prohibitions on state aid to "sectarian" institutions, explained that in the 19th century, "sectarian" was not a synonym for "religious. [read post]
9 May 2022, 5:59 pm
Co., 161 AD3d 701, 702 (1st Dept 2018), the parties disputed whether water damage on the floor of a bathroom at the petitioner's premises "was caused by a burst pipe (a covered cause of loss) or by another, excluded cause. [read post]
28 Mar 2022, 7:30 am by Public Employment Law Press
The court noted that, in any event, the governmental function immunity defense would bar plaintiff's claim against the City. [read post]
28 Mar 2022, 7:30 am by Public Employment Law Press
The court noted that, in any event, the governmental function immunity defense would bar plaintiff's claim against the City. [read post]
7 Feb 2022, 3:45 am by Andrew Lavoott Bluestone
” “The Court further finds that the part of plaintiff’s motion seeking to dismiss defendants’ first counterclaim (and sixth defense) alleging legal malpractice, as being time-barred by the three-year statute of limitations (see CPLR 214[6]; Stewart v Berger, 137 AD3d 1103 [2nd Dept 2016]), is granted, except to the extent that the first counterclaim seeks to offset as a shield for equitable recoupment purposes, a sum equal to an award… [read post]
17 Jan 2022, 3:50 am by Andrew Lavoott Bluestone
Defendants do not address the merits of this claim and the proffered documentary evidence does not establish a defense to said claim as a matter of law. [read post]
6 Dec 2021, 4:49 am by Franklin C. McRoberts
LLC, 2021 NY Slip Op 32281(U) [Sup Ct, NY County Nov. 12, 2021], exploring three limits New York law imposes upon the ability to recover LLC indemnification. [read post]
11 Oct 2021, 4:54 am by Franklin C. McRoberts
Tradesman Program Managers LLC v Doyle, 2020 NY Slip Op 32452[U] [Sup Ct, Kings County 2020]; Barrison v D’Amato & Lynch, LLP, 2019 NY Slip Op 30905[U] [Sup Ct, NY County]; Lentini v 219 W. 20th St. [read post]