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15 Jan 2021, 7:13 am by Andrew Lavoott Bluestone
Moreover, defendants’ legal malpractice counterclaims were not sufficiently intertwined with the account stated claim so as to preclude summary judgment (see Emery Celli Brinckerhoff & Abady, LLP v Rose, 111 AD3d 453, 454 [1st Dept 2013], lv denied 23 NY3d 904 [2014]). [read post]
24 Feb 2021, 3:13 am by Andrew Lavoott Bluestone
Defendant’s failure to consolidate her legal malpractice action, which she commenced subsequent to this legal fees action, precludes review of whether her claim is sufficiently intertwined with the account stated cause of action (see Emery Celli Brinckerhoff & Abady, LLP v Rose, 111 AD3d 453, 454 [1st Dept 2013). [read post]
4 Oct 2017, 4:38 am by Andrew Lavoott Bluestone
“Nevertheless, plaintiff’s motion for partial summary judgment on the account stated claim cannot be granted as to the other amounts billed, because plaintiff has not demonstrated entitlement to dismissal of defendant’s legal malpractice counterclaims, which are sufficiently intertwined with the account stated claim so as to provide a bona fide defense (see Emery Celli Brinckerhoff & Abady, LLP v Rose, 111 AD3d 453, 454 [1st Dept… [read post]
5 Apr 2021, 3:05 am by Andrew Lavoott Bluestone
  in LePatner Project Solutions LLC v 320 W. 115 St. 2021 NY Slip Op 01510 Decided on March 16, 2021 Appellate Division, First Department objecting made a big difference in an account stated situation. [read post]
28 Apr 2025, 5:06 am by Andrew Lavoott Bluestone
It is well-settled that “[i]f a defendant client’s legal malpractice claim is intertwined with a plaintiff law firm’s claim for legal fees, the plaintiff will not be entitled to summary judgment on its account stated claim” (Emery Celli Brinckerhoff & Abady, LLP v Rose, 111 AD3d 453, 454 [1st Dept 2013]) and since the “alleged conduct which forms the basis for the malpractice [counterclaims] occurred during the billing period at… [read post]
13 Sep 2024, 6:00 am by Public Employment Law Press
” Further, the Circuit Court said although we “liberally construe pleadings and briefs submitted by pro se litigants", even pro se litigants must do more than offer “purely conclusory allegations of discrimination, absent any concrete particulars,” (See Meiri v. [read post]
13 Sep 2024, 6:00 am by Public Employment Law Press
” Further, the Circuit Court said although we “liberally construe pleadings and briefs submitted by pro se litigants", even pro se litigants must do more than offer “purely conclusory allegations of discrimination, absent any concrete particulars,” (See Meiri v. [read post]
16 Jan 2007, 4:04 am
That question was recently put to the test in the case of McKesson Information Solutions, Inc. v. [read post]