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18 Jan 2010, 3:20 am by Andrew Lavoott Bluestone
  "As Aaron has failed to demonstrate that these materials are in any way material and necessary to proving a claim of legal malpractice (see AmBase Corp. v Davis Polk & Wardwell, [*3]8 NY3d 428, 434 [2007]) or to defending against PSGG's claims for counsel fees, the motion to compel must be denied (see CPLR 3101 [a]). [read post]
12 Feb 2010, 3:43 am by Andrew Lavoott Bluestone
Moreover, defendant failed to show that "but for" plaintiff's alleged negligence defendant would have obtained a more favorable result in the underlying landlord-tenant proceeding or would have successfully sold his business to a third-p[*2]arty (see AmBase Corp. v Davis Polk & Wardell, 8 NY3d 428 [2007]; Davis v Klein, 88 NY2d 1008 [1996]). [read post]
5 Mar 2007, 9:41 am
As a result of a prior decision handed down in Polk v. [read post]
21 Aug 2009, 10:35 am by David McColgin
Polk, No. 08-4399 (Aug 12, 2009), in which the 3rd Cir held that possession of a weapon in prison is not a crime of violence, overruling its prior decision in US v. [read post]
13 Oct 2011, 2:24 pm by Andrew Lavoott Bluestone
Leder v Spiegel, 9 NY3d 836 [2007]; Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438 [2007]; AmBase Corp. v Davis Polk & Wardwell, 8 NY3d 428 [2007]; Davis v Klein, 88 NY2d 1008 [1996]; Carmel v Lunney, 70 NY2d 169 [1987]). [read post]
28 Mar 2011, 2:10 am by Andrew Lavoott Bluestone
AmBase Corp. v Davis Polk & Wardwell, 8 NY3d 428, 435-436 [2007]; Orchard Motorcycle Distribs., Inc. v Morrison Cohen Singer & Weinstein, LLP, 49 AD3d 292 [2008]). [read post]
4 Mar 2016, 6:00 am
Freed, Center for Political Accountability, on Friday, February 26, 2016 Tags: Accountability, Citizens United v. [read post]
25 Feb 2020, 4:30 am by Andrew Lavoott Bluestone
” “”Under the doctrine of res judicata, a final adjudication of a claim on the merits precludes relitigation of that claim and all claims arising out of the same transaction or series of transactions by a party or those in privity with a party” (Ciraldo v JP Morgan Chase Bank, N.A., 140 AD3d 912, 913; see Djoganopoulos v Polkes, 67 AD3d 726, 727; Sclafani v Story Book Homes, 294 AD2d 559, 559). [read post]
29 May 2011, 6:40 am by Howard Friedman
The dismissal was based on failure to pay the required filing fee.In Polk v. [read post]
15 Aug 2011, 12:36 pm by Rantanen
By Jason Rantanen In a recent post discussing Retractable Technologies v. [read post]