Search for: "3 NY3d 1"
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7 Jan 2011, 7:28 pm
Not every knife is a weapon for purposes of PL 265.01(1). [read post]
29 Aug 2012, 3:42 am
The trial court in the underlying action expressly found that plaintiff had a 1/3 interest in the 47BH Account. [read post]
17 Feb 2012, 2:53 am
The trial court in the underlying action expressly found that plaintiff had a 1/3 interest in the 47BH Account. [read post]
2 Feb 2012, 2:28 am
Here, defendant met its initial burden on the motion by submitting evidence establishing that the alleged malpractice occurred, at the latest, on August 3, 1999 and thus that the action was time-barred when commenced on May 4, 2004. [read post]
30 Apr 2012, 3:00 am
Wolff, 10 NY3d 100 (2008), in which the New York Court of Appeals recognized a common law right of an LLC member to sue derivatively. [read post]
19 Nov 2015, 1:04 am
Franov, 17 NY3d 58). [read post]
28 Jan 2011, 2:48 am
School Dist. v Springs Union Free School District, 1 NY3d 385. [read post]
20 Jul 2016, 12:10 pm
Jackson, 18 NY3d 738 (2012). [read post]
18 Apr 2018, 4:25 am
Nomura Asset Capital Corp. v Cadwalader, Wickersham & Taft LLP, 26 NY3d 40, 50 (2015), citing AmBase, 8 NY3d at 434. [read post]
6 Oct 2017, 6:52 am
Janice R., 14 NY3d 576 [2010], cert denied 562 U.S. 1136 [2011] ). [read post]
11 May 2012, 3:29 am
Citing Forrest v Jewish Guild for the Blind, 3 NY3d 295, the court explained that to establish a claim for retaliation, a claimant was required to prove the following four elements: [1] he or she had engaged in protected activity; [2] his or her employer was aware that he or she had engaged in such activity; [3] he or she suffered an adverse employment action based upon his or her activity; [4] there is a causal connection between the protected activity and… [read post]
7 Dec 2011, 3:10 am
Accordingly, contrary to the defendants' contention, the complaint adequately pleaded the element regarding the defendants' failure to exercise the ordinary reasonable skill and knowledge commonly possessed by a member of the legal profession (see Leder v Spiegel, 9 NY3d at 837). [read post]
12 Mar 2018, 7:22 am
With a specific statute (Domestic Relations Law §236(3)) mandating that pre-nuptial agreements must be acknowledged, and with a specific statutory form of acknowledgment (Real Property Law §309-a(1)), it is surprising that there has been so much litigation over missing or defective acknowledgements and whether they can be cured after the fact. [read post]
28 Nov 2011, 6:59 am
Accordingly, contrary to the defendants' contention, the complaint adequately pleaded the element regarding the defendants' failure to exercise the ordinary reasonable skill and knowledge commonly possessed by a member of the legal profession (see Leder v Spiegel, 9 NY3d at 837). [read post]
9 Jan 2020, 2:13 pm
Mullen (21 NY3d 233, 249-250 [N.Y. 2013]). [read post]
17 Aug 2009, 4:59 am
Co. v Sartor, 3 NY3d 71; Matter of GEICO Co. v Wingo, 36 AD3d 908; cf. [read post]
6 Jul 2012, 4:14 am
’" Accordingly, the Appellate Division ruled that Supreme Court should have [1] granted Malverne’s petition, [2] annulled the Committee’s determination and [3] directed the appeals committee to include Brady's name on the New York State Fallen Firefighters' Memorial Wall The decision is posted on the Internet at: http://www.courts.state.ny.us/reporter/3dseries/2012/2012_05174.htm [read post]
13 Apr 2011, 8:12 am
An arbitrator, said the court, may properly modify a prior arbitration award only to: 1. [read post]
13 Apr 2018, 4:10 am
The elements of a cause of action to recover damages for aiding and abetting fraud are (1) the existence of an underlying fraud, (2) knowledge of the fraud by the aider and abettor, and (3) substantial assistance by the aider and abettor in the achievement of the fraud (see Fox Paine & Co., LLC v Houston Cas. [read post]
17 Jun 2022, 3:44 am
Corp., 18 NY3d 499, 503 [2012] [internal quotation marks and citation omitted]). [read post]
