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14 Aug 2018, 5:07 am
" However, in the one case where the matter has been argued, the result was inconclusive (Francis Day & Hunter Ltd v Bron [1963] Ch. 587.) [read post]
9 Aug 2018, 12:36 pm by Rebecca Tushnet
Copyright, Andrew Gilden, Copyright’s Market GibberishCases like Nunez and Bond v. [read post]
31 Jul 2018, 4:26 am by Andrew Lavoott Bluestone
Moreover, to the extent that the plaintiff’s action may be premature because, while the underlying action is pending, it cannot be determined whether the defendant’s alleged legal malpractice proximately caused the plaintiff to sustain damages (see generally Shumsky v Eisenstein, 96 NY2d 164, 166; Ackerman v Price Waterhouse, 84 NY2d 535, 542-543; Hershco v Gordon & Gordon, 155 AD3d 1006; Stein Indus., Inc. v Certilman… [read post]
18 Jul 2018, 12:07 pm
The question now is whether the additional conduct alleged in plaintiffs’ opposition -- Mann’s failure to use a turn signal, making of a sharp left turn from the middle of the snow run, failure to warn skiers on mambo of his presence, and failure to warn skiers of the existence of Old Boneyard Road -- elevated Mann’s conduct to gross negligence. [read post]
10 Jul 2018, 4:07 am by Andrew Lavoott Bluestone
Since the plaintiff did not commence this action until February 27, 2015, more than three years later, Figueredo demonstrated, prima facie, that the legal malpractice cause of action was time-barred (see Quinn v McCabe, Collins, McGeough & Fowler, LLP, 138 AD3d at 1086; Alizio v Ruskin Moscou Faltischek, P.C., 126 AD3d at 735; Landow v Snow Becker Krauss, P.C., 111 AD3d at 796). [read post]
6 Jul 2018, 7:18 am
The Passions: A Study of Human Nature (John Wiley & Sons, 2018)Harris, William V. [read post]