Search for: "Will of Pasternack"
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22 May 2024, 4:03 am
However, a claim for fraud can be predicated upon an omission of material fact (Pasternack, 27NY3d at 827), and here, Wright alleges that Cohen’s “silent acquiescence with Mr.Petrokansky’s misrepresentations does not excuse him of liability” (NYSCEF Doc No. 115,Wright mem of law at 2). [read post]
2 Feb 2024, 6:05 am
” On or about February 11,2014, Decedent Alba Morales hired defendant Pasternack, Tilker, Ziegler~ Walsh, Stanton &Romano; LLP (”the Pasternack Firm”) to represent her in connection with her Workers’ Compensation claims. [read post]
27 Dec 2023, 5:29 am
” ” The existence of an attorney-client relationship is an essential element of a causeof action to recover damages for legal malpractice (see Lindsay v Pasternack TilkerZiegler Walsh Stanton & Romano LLP; 129 AD3d 790, 792 [2d Dept 2015]). [read post]
20 Sep 2023, 5:29 am
In his opposition affidavit, David states that he has no recollection of receiving it, and Singer’s claim that the letter was mailed does not give rise to the presumption of receipt, as he does not present evidence of defendant firm’s office practices pertinent to mailing (see Lindsay v Pasternack Tilker Ziegler Walsh Stanton & Romano LLP, 129 AD3d 790, 793 [2d Dept 2015]; Morrison Cohen Singer & Weinstein, LLP v Brophy, 19 AD3d 161, 162 [1 st Dept 2005]). [read post]
23 Nov 2022, 3:22 am
“The existence of an attorney-client relationship is an essential element of a cause of action to recover damages for legal malpractice (see Lindsay v Pasternack Tilker Ziegler Walsh Stanton & Romano LLP, 129 AD3d 790, 792). [read post]
16 Nov 2022, 4:47 am
” “The existence of an attorney-client relationship is an essential element of a cause of action to recover damages for legal malpractice (see Lindsay v Pasternack Tilker Ziegler Walsh [*2]Stanton & Romano LLP, 129 AD3d 790, 792). [read post]
16 Sep 2022, 5:14 am
One of the elements of a legal malpractice claim is the existence of an attorney-client relationship (See Lindsay v Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP, 129 AD3d 790, 792 [2d Dept 2015]). [read post]
28 Mar 2022, 7:30 am
The United State Circuit Court of Appeals, Second Circuit, opining that New York law offered "conflicting guidance" on the issue, certified the following question to New York State's Court of Appeals: "Does the 'special duty' requirement — that, to sustain liability in negligence against a municipality, the plaintiff must show that the duty breached is greater than that owed to the public generally — apply to claims of injury inflicted through municipal… [read post]
28 Mar 2022, 7:30 am
The United State Circuit Court of Appeals, Second Circuit, opining that New York law offered "conflicting guidance" on the issue, certified the following question to New York State's Court of Appeals: "Does the 'special duty' requirement — that, to sustain liability in negligence against a municipality, the plaintiff must show that the duty breached is greater than that owed to the public generally — apply to claims of injury inflicted through municipal… [read post]
1 Oct 2019, 4:40 am
“With respect to the cause of action alleging legal malpractice, although the Supreme Court properly determined that there was no attorney-client relationship between the plaintiff and T&L (see Lindsay v Pasternack Tilker Ziegler Walsh Stanton & Romano LLP, 129 AD3d 790, 792 [2015]; Lombardi v Lombardi, 127 AD3d 1038, 1042 [2015]; Terio v Spodek, 63 AD3d 719, 721 [2009]), the second amended complaint set forth a cause of action which fell “within the narrow… [read post]
28 Aug 2019, 4:44 am
“Since the defendants represented the plaintiff’s adversaries in a prior action, the causes of action alleging legal malpractice and negligence are unsupported by any duty running from the defendants to the plaintiff (see Betz v Blatt, 160 AD3d 696, 698 [2018]; Betz v Blatt, 116 AD3d 813, 815 [2014]; Gorbatov v Tsirelman, 155 AD3d 836, 840 [2017]; DeMartino v Golden, 150 AD3d 1200, 1201 [2017]; Pasternack v Laboratory Corp. of Am. [read post]
4 Jun 2019, 4:17 am
“Since the defendants represented the plaintiff’s adversaries in a prior action, the causes of action alleging legal malpractice and negligence are unsupported by any duty running from the defendants to the plaintiff (see Betz v Blatt, 160 AD3d 696, 698 [2018]; Betz v Blatt, 116 AD3d 813, 815 [2014]; Gorbatov v Tsirelman, 155 AD3d 836, 840 [2017]; DeMartino v Golden, 150 AD3d 1200, 1201 [2017]; Pasternack v Laboratory Corp. of Am. [read post]
31 Jan 2019, 4:17 am
” “Since the defendants represented the plaintiff’s adversaries in a prior action, the causes of action alleging legal malpractice and negligence are unsupported by any duty running from the defendants to the plaintiff (see Betz v Blatt, 160 AD3d 696, 698; Betz v Blatt, 116 AD3d 813, 815; Gorbatov v Tsirelman, 155 AD3d 836, 840; DeMartino v Golden, 150 AD3d 1200, 1201; Pasternack v Laboratory Corp. of Am. [read post]
7 Jan 2019, 6:34 am
Pasternack v. [read post]
4 Oct 2018, 4:39 am
” “With respect to the cause of action alleging legal malpractice, although the Supreme Court properly determined that there was no attorney-client relationship between the plaintiff and T & L (see Lindsay v Pasternack Tilker Ziegler Walsh Stanton & Romano LLP, 129 AD3d 790, 792; Lombardi v Lombardi, 127 AD3d 1038, 1042; Terio v Spodek, 63 AD3d 719, 721), the second amended complaint set forth a cause of action which fell “within the narrow exception of… [read post]
6 Sep 2018, 6:00 am
., from Pasternack Tilker Ziegler Walsh Stanton & Romano. [read post]
4 Sep 2018, 4:34 am
Lindsay v, Pasternack Tilker Ziegler Walsh Stanton & Romano LLP.129 AD3d 790. 780 N’YS3d 124 (2d Dept 2015) Terio , Spodek. 63 AD3d 719, 880 NYS2d 679; 2d Dept 2009) and that the relationship must exist at the time of the alleged malpractice (Tabner v. [read post]
23 Jul 2018, 4:00 am
Terminated educator alleges that her employer breached the employment agreement and negligently terminated her Morrison v Buffalo Board of Education, et al, USCA, 2nd Circuit, No. 17-3496-cvA school administrator, [Plaintiff] terminated from her postion, sued the City of Buffalo Board of Education [District] and numerous individual administrators alledging breach of her employment agreement [Agreement] and "negligent termination. [read post]
28 May 2018, 6:00 am
Today’s post comes from guest author Catherine Stanton, from Pasternack Tilker Ziegler Walsh Stanton & Romano. [read post]
5 Apr 2018, 10:29 am
” Susan Pasternack, author of “Justice Louis Dembitz Brandeis: Guided by the Light of Reason,” was “struck by both the immediacy and ordinariness of the account, and its ‘as told to’ nature. [read post]
