Search for: "Pellegrino v. Pellegrino" Results 1 - 20 of 80
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15 May 2024, 3:56 am by Andrew Lavoott Bluestone
In order to survive a motion to dismiss, a plaintiff’s complaint in an action for legal malpractice must show that “but for counsel’s alleged malpractice, the plaintiff would not have sustained some actual ascertainable damages” (Pellegrino v File, 291 AD2d 60, 63 [1st Dept 2002], lv denied 98 NY2d 606 [2002]). [read post]
6 Nov 2023, 7:47 am by Eric Goldman
Epic Games Videogame Can Replicate Musician’s “Signature Move” (Unless It’s a False Endorsement, Which It Isn’t)–Pellegrino v. [read post]
13 Oct 2023, 5:04 am by Andrew Lavoott Bluestone
Gopstein v Bellinson Law, LLC 2023 NY Slip Op 33476(U) October 4, 2023Supreme Court, New York County Docket Number: Index No. 159060/2022 Judge: Mary V. [read post]
16 Sep 2022, 5:14 am by Andrew Lavoott Bluestone
Plaintiff’s presumption that there would be a continuation of the retainer agreement she signed with J&S when Schlesinger moved to MLF is insufficient to raise an issue of fact (See Davis v Cohen & Gresser, LLP, 160 AD3d 484,486 [1 st Dept 2018] citing Pellegrino v Oppenheimer & Co., Inc., 49 AD3d 94, 99 [1st Dept 2008] [“a party cannot create the relationship based on his or her own beliefs or actions”]; Jane St. [read post]
12 Aug 2022, 3:19 am by Andrew Lavoott Bluestone
Yuko Ito v Suzuki, 57 AD3d 205, 207-208 [1st Dept 2008]). [read post]
22 Apr 2022, 3:58 am by Andrew Lavoott Bluestone
“The legal malpractice claims should have been dismissed pursuant to CPLR 3211(a)(7) on the ground that plaintiffs failed to plead how defendants’ alleged acts or omissions proximately caused plaintiffs to sustain any loss in connection with a Florida real estate transaction (see Pellegrino v File, 291 AD2d 60, 63-64 [1st Dept 2002]). [read post]
22 Mar 2021, 5:16 am by Andrew Lavoott Bluestone
“As for the motion to dismiss based on the failure to adequately allege damages, the court notes that “[a]n action for legal malpractice requires proof of the attorney’s negligence, a showing that the negligence was the proximate cause of the plaintiff’s loss or injury, and evidence of actual damages” (Pellegrino v File, 291 AD2d 60, 62 [1st Dept], lv denied 98 NY2d 606 [ 2002]) At issue here is whether plaintiff has sufficiently alleged that it has… [read post]
3 Jan 2021, 5:04 pm by Sabrina I. Pacifici
All of which makes this weekend’s filing from the plaintiffs’ legal team in Gohmert v. [read post]
10 Oct 2019, 4:36 am by Andrew Lavoott Bluestone
” (Pellegrino v File, 291 AD2d 60, 63 [1st Dept 2002], lv denied 98 NY2d 606 [2002]). [read post]
20 Sep 2019, 4:25 am by Andrew Lavoott Bluestone
A separate cause of action for punitive damages is not legally cognizable (see Steinberg v Monasch, 85 AD2d 403, 406 [1st Dept 1982]). [read post]
6 Sep 2019, 4:45 am by Andrew Lavoott Bluestone
Speculative damages or conclusory claims are not sufficient to meet this standard ( Pellegrino v File 291 AD2d 60). [read post]
6 Aug 2019, 4:33 am by Andrew Lavoott Bluestone
Corp. v Carter, 99 AD3d 692, 693 [2d Dept 2012] [internal quotations marks omitted]). [read post]