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22 May 2024, 4:03 am by Andrew Lavoott Bluestone
Wright argues that he and Cohen had a fiduciary relationship because Petrokansky stated that Cohen would act as Wright’s attorney. [read post]
16 May 2024, 10:00 am by Public Employment Law Press
  Here, as explained above, the piggybacking exception in GML § 103 (16) applies.[3]  Moreover, the guidance contains a separate section on piggybacking, which unambiguously states that “[u]se of these contracts constitutes an exception to the competitive bidding and offering requirements of the law. [read post]
16 May 2024, 10:00 am by Public Employment Law Press
  Here, as explained above, the piggybacking exception in GML § 103 (16) applies.[3]  Moreover, the guidance contains a separate section on piggybacking, which unambiguously states that “[u]se of these contracts constitutes an exception to the competitive bidding and offering requirements of the law. [read post]
13 May 2024, 4:54 am by Andrew Lavoott Bluestone
Salamone v Deily & Glastetter, LLP 2024 NY Slip Op 31569(U) May 3, 2024Supreme Court, New York County Docket Number: Index No. 160104/2022Judge: Shlomo S. [read post]
26 Apr 2024, 3:51 am by Andrew Lavoott Bluestone
In support of their motion, the HHdefendants proffer Jamie’s deposition testimony where she states that the lot-linewindows have not been blocked. [read post]
17 Apr 2024, 4:53 am by Andrew Lavoott Bluestone
SJB RE Holdings, LLC v Gifford 2024 NY Slip Op 30924(U) March 21, 2024Supreme Court, Saratoga County Docket Number: Index No. [read post]
12 Apr 2024, 4:55 am by Andrew Lavoott Bluestone
Kaminsky & Assoc., P.C., 102 AD3d 544 [1st Dept 2013] [claim must be brought in action in which alleged misconduct occurred]), Gelwan does not state a claim for a violation of JudiciaryLaw§ 487. [read post]
10 Apr 2024, 4:52 am by Andrew Lavoott Bluestone
Preferred Prescription, Inc. v Health Mgt., 252 AD2d 414,416 [1st Dept 1998]). [read post]
22 Mar 2024, 4:59 am by Andrew Lavoott Bluestone
As a result, on April 24, 2023, in a telephone call between Sebco and United States Department of Housing and Urban Development (HUD), the latter indicted that [read post]
1 Mar 2024, 6:12 am by Andrew Lavoott Bluestone
The doctrine of res judicata applies to preclude plaintiff’s claims asserted in the third action, as those claims arise out of the same transaction or series of transactions that were brought to a final conclusion in the first action by plaintiff against, among others, defendant Allan Houston (Rondeau v Houston, 2013 NY Slip Op 33363[U] [Sup Ct, NY County 2013], affd 118 AD3d 638 [1st Dept 2014], lv dismissed 24 NY3d 999 [2015]; see In re… [read post]
22 Jan 2024, 3:32 am by Peter J. Sluka
  A member might also take guidance from the First Department’s decision in Lemle v Lemle, 92 AD3d 494, 497 [1st Dept 2012]. [read post]
8 Jan 2024, 2:45 am by Andrew Lavoott Bluestone
Moreover, none of the conduct defendants complain of took place within the State of New York, and the statute has no extraterritorial reach (Doscher v Manatt, 148 AD3d 523, 524 [1st Dept 2017] [“courts have held that the statute does not apply to conduct outside New York’s territorial borders or to administrative proceedings, observing that its purpose is to regulate the manner in which litigation is conducted before the courts of this State”]). … [read post]
18 Dec 2023, 4:25 am by Peter J. Sluka
Central Park Plaza Associates, 2010 NY Slip Op 31374(U) (Sup Ct Nassau County May 25, 2010) (discussed here), Nassau County Justice Bucaria found a triable issue of fact regarding whether the majority member’s failure to update the value on Schedule A was not in good faith, and allowed the plaintiff to state a claim for breach of fiduciary duty arising from the controlling member’s failure to update the certificate of value. [read post]
11 Dec 2023, 4:53 am by Andrew Lavoott Bluestone
” (ABS Partnership v AirTran Airways, (AD 3d 24, 29 [1st Dept 2003].) [read post]