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4 Mar 2024, 3:22 am by Andrew Lavoott Bluestone
Here, the complaint failed to plead specific factual allegations demonstrating that, but for the defendants’ alleged negligence, there would have been a more favorable outcome in the underlying action or that the plaintiff would not have incurred any damages (see Williams v Silverstone, 215 AD3d 787, 789 [2023]; Katsoris v Bodnar & Milone, LLP, 186 AD3d 1504, 1506 [2020]). [read post]
15 Nov 2023, 5:43 am by Andrew Lavoott Bluestone
Here, the complaint failed to plead specific factual allegations demonstrating that, but for the defendants’ alleged negligence, there would have been a more favorable outcome in the underlying action or that the plaintiff would not have incurred any damages (see Williams v Silverstone, 215 AD3d 787, 789; Katsoris v Bodnar & Milone, LLP, 186 AD3d 1504, 1506). [read post]
30 Oct 2023, 5:01 am by Andrew Lavoott Bluestone
Schwartzman, Inc. at 704; Katsoris v Bodnar & Milone, LLP, 186 A.D.3d1504 [2d Dept. 2020}; Gall v Colon;.Sylvain, 151 A.D.3d 698 [2d Dept. 2017]). [read post]
9 Aug 2023, 5:44 am by Andrew Lavoott Bluestone
The plaintiff’s claims that the defendant could have negotiated a more favorable settlement, that her former spouse would have accepted a settlement offer that was more favorable to her, or that she would have received a more favorable outcome at trial had she declined to enter into the settlement are conclusory and speculative (see Katsoris v Bodnar & Milone, LLP, 186 AD3d 1504, 1506; Janker v Silver, Forrester & Lesser, P.C., 135 AD3d 908, 910). [read post]
5 Jun 2023, 3:43 am by Andrew Lavoott Bluestone
” “ Here, the plaintiffs failed to plead that, but for the defendants’ negligence, they would have prevailed in the underlying action (see Katsoris v Bodnar & Milone, LLP, 186 AD3d at 1506; Keness v Feldman, Kramer & Monaco, P.C., 105 AD3d at 813). [read post]
17 Apr 2023, 5:20 am by Andrew Lavoott Bluestone
“The fact that the plaintiff subsequently was unhappy with the settlement [she] obtained . . . does not rise to the level of legal malpractice” (Katsoris v Bodnar & Milone, LLP, 186 AD3d at 1506 [internal quotation marks omitted]; see Schiller v Bender, Burrows & Rosenthal, LLP, 116 AD3d 756, 758; Holschauer v Fisher, 5 AD3d 553, 554). [read post]
17 Oct 2022, 3:00 am by Andrew Lavoott Bluestone
Moreover, the plaintiff’s allegations that the failure of the defendants to make such an application constituted negligence were conclusory (see [*3]Katsoris v Bodnar & Milone, LLP, 186 AD3d 1504, 1506; Hashmi v Messiha, 65 AD3d 1193, 1194-1196). [read post]
19 Aug 2022, 4:42 am by Andrew Lavoott Bluestone
The plaintiff merely alleged that had the defendant shared with him information imparted by Ameriprise’s attorney concerning the low rate of success of challenges to note collection proceedings, he would have insisted on settlement discussions (see Katsoris v Bodnar & Milone, LLP, 186 AD3d at 1506; Janker v Silver, Forrester & Lesser, P.C., 135 AD3d 908, 909; see also Bauza v Livington, 40 AD3d 791, 793). [read post]
3 Jan 2022, 5:28 am by Andrew Lavoott Bluestone
The defendants also failed to demonstrate that their actions were protected by the attorney judgment rule (see generally Rosner v Paley, 65 NY2d 736, 738; Katsoris v Bodnar & Milone, LLP, 186 AD3d at 1505). [read post]
13 Dec 2021, 3:06 am by Andrew Lavoott Bluestone
The complaint also failed to adequately allege actual, ascertainable damages (see Denisco v Uysal, 195 AD3d 989, 991; Katsoris v Bodnar & Milone, LLP, 186 AD3d at 1506). [read post]
9 Jul 2021, 3:08 am by Andrew Lavoott Bluestone
” “Here, even accepting the facts alleged in the complaint, as amplified by the plaintiff’s affidavit, as true, and according the plaintiff the benefit of every possible favorable inference (see Leon v Martinez, 84 NY2d at 87), the plaintiff failed to plead specific factual allegations demonstrating that, but for the defendants’ alleged negligence, there would have been a more favorable outcome on his workers’ compensation claim (see Katsoris v… [read post]
21 Apr 2021, 4:00 am by Andrew Lavoott Bluestone
Corbett, [*2]P.C., 175 AD3d 473, 473-474 [internal quotation marks omitted]; see Katsoris v Bodnar & Milone, LLP, 186 AD3d 1504, 1505; Betz v Blatt, 160 AD3d 696, 697). [read post]
2 Nov 2020, 3:34 am by Andrew Lavoott Bluestone
  Katsoris v Bodnar & Milone, LLP 2020 NY Slip Op 05040 Decided on September 23, 2020 Appellate Division, Second Department is a good example. [read post]
21 Aug 2019, 11:04 am by Goldfinger Injury Lawyers
  Justice Hennessy relied on Hechevarria v Reale and Fish v Shainhouse (below) in calculating the value of the FLA claims. $30,000 each Wilcox v “Miss Megan” (The), 2007 FC 1004, 2007 CarswellNat 3324 (FC), aff’d 2008 FC 56, 2008 CarswellNat 1193 (FC). [read post]