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7 Jun 2022, 4:00 pm
Assoc., L.P. 24 NY3d 382, 389-90 [2014]).A class action will usually be deemed appropriate when: 1) the size of the class is so large that it is impracticable to include all the parties as named plaintiffs, 2) common questions of law or fact predominate over questions which only impact one or more class members, 3) the named plaintiffs assert claims which are typical of the class claims, 4) the representative plaintiffs are appropriate individuals who will fairly,… [read post]
14 Feb 2018, 4:56 am by Andrew Lavoott Bluestone
Goldmen, Inc., 9 AD3d 283, 285 [1st Dept 2004], lv denied 3 NY3d 703 [2004]). [read post]
21 Apr 2023, 4:01 am by Andrew Lavoott Bluestone
., LLC 2023 NY Slip Op 31196(U) April 3, 2023Supreme Court, New York County Docket Number: Index No. 154718/2014Judge: Shlomo S. [read post]
17 Apr 2019, 7:16 am by Andrew Lavoott Bluestone
Co., 151 AD3d 592, 593 [1st Dept 2017], lv dismissed 30 NY3d 1091 [2018]; DaimlerChrysler Ins. [read post]
28 Sep 2017, 4:20 am by Andrew Lavoott Bluestone
In one of the more confusing fact recitations we have come across, where Plaintiff in action 1 is Defendant in action 2 and where both parties are female, pronouns and party-designation does not help. [read post]
30 Jan 2009, 4:42 pm
., decided 1/27/2009) Under New York CPLR Rule 5015(a)(1), a party seeking to vacate a default judgment taken against it must demonstrate (1) a reasonable excuse for its delay in appearing and answering, and (2) a meritorious defense to the action. [read post]
12 Jan 2018, 3:47 am by Andrew Lavoott Bluestone
Bank & Trust Co., 5 NY3d 582, 594 [2005] [assumption of duty by underwriter or issuer of securities]; Applewhite v Accuhealth, Inc., 21 NY3d 420, 430-431, 434 [2013] [assumption of special duty by a municipality in a negligence claim]; Palka v Servicemaster Mgt. [read post]
24 Oct 2019, 4:00 am by Public Employment Law Press
SUNY/CSC [Respondents] appealed the Supreme Court's rulings.Addressing the standing of SED to initiate the action in Proceeding 1, the Appellate Division, citing Matter of Graziano v County of Albany, 3 NY3d 475, observed that governmental entities have the capacity to sue only when it is based upon a "concrete statutory predicate ... expressly granted in enabling legislation or it may be inferred from review of the entity's statutory functions or… [read post]
24 Oct 2019, 4:00 am by Public Employment Law Press
SUNY/CSC [Respondents] appealed the Supreme Court's rulings.Addressing the standing of SED to initiate the action in Proceeding 1, the Appellate Division, citing Matter of Graziano v County of Albany, 3 NY3d 475, observed that governmental entities have the capacity to sue only when it is based upon a "concrete statutory predicate ... expressly granted in enabling legislation or it may be inferred from review of the entity's statutory functions or… [read post]
12 May 2023, 5:11 am by Andrew Lavoott Bluestone
Accordingly, this action, commenced August 3, 2021, was timely. [read post]
27 Dec 2010, 7:32 am
Auth. v Transport Workers' Union of Am., Local 100, AFL-CIO, 6 NY3d 332, 336 [2005]; Matter of United Fedn. of Teachers, Local 2, AFT, AFL-CIO v Board of Educ. of City School Dist. of City of N.Y., 1 NY3d 72, 79 [2003]; CPLR 7511 [b] [1] [iii]). [read post]
22 Jul 2013, 9:55 am
This blog entry will specifically address subsection one of First Degree Falsifying Business Records (NY PL 175.10(1)) and how indirect actions or secondary results can still be criminal. [read post]