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4 Feb 2024, 3:17 pm by Peter Mahler
In her ruling Justice Masley also found misplaced defendants’ reliance on a 2021 opinion by Commercial Division Justice Jennifer Schecter in Santelli v Spitzer, writing, Santelli held that alleged distributions to an LLC member were not wrongful because the agreement in question “provided that ‘the parties will distribute income to each of the owners of the LLCs on a 50%/50% basis in accordance with their ownership interests in the LLC. [read post]
19 Jan 2024, 3:49 am by Andrew Lavoott Bluestone
With respect to the state court cases, the defendants failed to submit evidence establishing, prima facie, the absence of at least one essential element of the legal malpractice cause of action (see Aqua-Trol Corp. v Wilentz, Goldamn & Spitzer, P.A., 197 AD3d 544, 545; Fricano v Law Offs. of Tisha Adams, 194 AD3d 1016, 1018). [read post]
2 Jun 2023, 5:01 am by Andrew Lavoott Bluestone
The Sacco defendants failed to submit evidence establishing, prima facie, the absence of at least one essential element of the legal [*2]malpractice cause of action (see Aqua-Trol Corp. v Wilentz, Goldman & Spitzer, P.A., 197 AD3d at 545; Fricano v Law Offs. of Tisha Adams, LLC, 194 AD3d 1016, 1018; Ferrigno v Jaghab, Jaghab & Jaghab, P.C., 152 AD3d 650, 652; Atiencia v Pinczewski, 148 AD3d 860, 861). [read post]
26 May 2023, 7:00 am by Guest Author
Circuit’s exacting standard of review in Business Roundtable v. [read post]
2 Mar 2023, 2:36 pm by Jonathan H. Adler
I did not notice it at the time, but the location of the dispute—79th and Fifth Avenue along Central Park—was also the location of a famous property case that is a staple of the 1L survey course: Brokaw v. [read post]
9 Dec 2022, 5:01 am by Andrew Lavoott Bluestone
“However, pursuant to the doctrine of continuous representation, the time within which to sue on the claim is tolled until the attorney’s continuing representation of the client with regard to the particular matter terminates” (Aqua-Trol Corp. v Wilentz, Goldman & Spitzer, P.A., 144 AD3d 956, 957). [read post]
20 Nov 2022, 9:53 am by David Kopel
" Finally, I read the Declaration of Robert Spitzer, which is Exhibit E of the California Attorney General's Supplemental Brief in Response to the Court's Order of September, 26, 2022, Duncan v. [read post]
20 Jul 2022, 3:06 am by Andrew Lavoott Bluestone
Pursuant to the doctrine of continuous representation, “ ’the time within which to sue on the [cause of action] is tolled until the attorney’s continuing representation of the client with regard to the particular matter terminates’ ” (Stein Indus., Inc. v Certilman Balin Adler & Hyman, LLP, 149 AD3d at 789, quoting Aqua-Trol Corp. v Wilentz, Goldman & Spitzer, P.A., 144 AD3d 956, 957 [2016]). [read post]
25 Apr 2022, 6:30 am by Public Employment Law Press
In its decision the Appellate Division, citing Stone v Bloomberg L.P., 163 AD3d 1028, quoting Greenberg v Spitzer, 155 AD3d 27: "The elements of a cause of action for defamation are (a) a false statement that tends to expose a person to public contempt, hatred, ridicule, aversion, or disgrace, (b) published without privilege or authorization to a third party, (c) amounting to fault as judged by, at a minimum, a negligence standard, and (d) either causing special harm… [read post]