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29 Oct 2010, 2:35 am by Andrew Lavoott Bluestone
.;2010 NY Slip Op 32991(U);October 12, 2010 Supreme Court, Nassau County;Judge: Anthony L. [read post]
27 Sep 2010, 1:00 am by Peter A. Mahler
" On a subsequent defense motion for reconsideration, however, this time supported by an affidavit from the receiver, Justice Driscoll in his most recent September 2010 decision dismissed the complaint without prejudice based on plaintiff's failure to make a demand upon the receiver. [read post]
23 Aug 2010, 4:00 am by Peter A. Mahler
  At least in the case of a deadlock dissolution petition brought by a 50% shareholder under BCL Section 1104, it's my view that the better practice is to name the other 50% shareholder as a respondent, if nothing else, to deflect respondent's possible use of the corporation's funds for legal defense costs. [read post]
9 Aug 2010, 10:33 am
" Motor vehicle rental and leasing defendants use the Graves Amendment as a tort defense to indirect or vicarious liability under state laws such as New York's Vehicle & Traffic Law § 388. [read post]
7 Jun 2010, 5:03 pm
"Continuous" has been defined as "[u]ninterrupted; unbroken, not intermittent or occasional; so persistently repeated at short intervals as to constitute virtually an unbroken series. [read post]
1 Jun 2010, 3:37 am by Andrew Lavoott Bluestone
Moreover, the materials submitted by the defendants in support of their motion did not constitute "documentary evidence" within the meaning of CPLR 3211(a)(1) (see Fontanetta v John Doe 1,AD3d, 2010 NY Slip Op 02743 [2d Dept 2010]) and, in any event, did not "utterly refute[] plaintiff[s'] factual allegations, conclusively establishing a defense as a matter of law" (Goshen v Mutual Life Ins. [read post]
12 Mar 2010, 10:05 am by JT
Term 2d Dept. 2010) “In opposition to defendant’s motion, plaintiff submitted an affirmation executed by Dr. [read post]
9 Dec 2009, 7:50 am
Term, 1st Dept., 2009), the Appellate Term, First Department, noted that "an insurer may assert misrepresentation or fraud as an affirmative defense in an action by an insured to recover benefits under the policy". [read post]
2 Nov 2009, 3:44 am
Defendant's motion pursuant to CPLR 3211 (a) (1) is also denied inasmuch as defendant's affidavit and the documents attached thereto do not definitively and "conclusively establish[ ] a defense to the asserted action as a matter of law" (Leon, 84 NY2d at 88); the documentary evidence merely raises numerous issues of fact, rather than finally dispose of them (see Bernstein v Oppenheim & Co., P.C., 160 AD2d 428, 435 [1st Dept… [read post]
4 Sep 2009, 5:51 am
Lancer Insurance Co., 7 Misc 3d 1002(A), 2004 NY Slip Op 51860(U) (Civil Ct., Kings Co. 2004). [read post]
19 Jul 2009, 2:07 pm
A certain kind of original-intent theory was self-defeating if Powell's historical analysis was correct. [read post]