Search for: "3 NY3d 1"
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19 Mar 2021, 3:15 am
The settlement agreement required plaintiff to, among other things, surrender her real estate license to the Department and cease working as a real estate agent or broker by September 1, 2007. [read post]
22 Jan 2024, 5:58 pm
Nov. 30, 2023). [1] 20 NYCRR 132.18(a). [2] Zelinsky v Tax Appeals Trib., 1 NY3d 85 (2003). [3] 20 NYCRR 132.18(a). [4] See TSB-M-06(5)I (May 15, 2006). [5] S. [read post]
22 Jan 2024, 5:58 pm
Tax Appeals Trib., 1 NY3d 85 (2003). [3] 20 NYCRR 132.18(a). [4] See TSB-M-06(5)I (May 15, 2006). [5] S. [read post]
16 Apr 2025, 2:33 am
No. 1). [read post]
13 Jun 2011, 9:38 am
Banker, July 10, 2007, at 1). [read post]
4 Nov 2009, 3:33 am
A dissolved corporation is prohibited from carrying on new business (see Business Corporation Law § 1005[a][1]) and does not enjoy the right to bring suit in the courts of this state, except in the limited respects specifically permitted by statute (see Vantrel Enters. v Vantage Petroleum Corp., 270 AD2d 412; De George v Yusko, 169 AD2d 865; [*3]Lorisa Capital Corp. v Gallo, 119 AD2d 99, 110-111). [read post]
20 Dec 2023, 6:32 am
In order to establish a legal malpractice claim, a plaintiff must establish “three elements: (1) that the attorney was negligent; (2) that such negligence was a proximate cause of plaintiff’s losses; and (3) proof of actual damages” (Brooks v Lewin, 21 AD3d 731, 734 [1st Dept 2005], lv denied 6 NY3d 713 [2006]). [read post]
18 Aug 2021, 3:09 am
Dist., 28 NY3d 455, 465 [2016]; Davis v Isaacson, Robustelli, Fox, Fine, Greco & Fogelgaren, 284 AD2d 104, 105 [2001]). [read post]
26 Mar 2010, 5:20 pm
" Although defendant failed to preserve his contention for our review inasmuch as he failed to object to the admission of testimony concerning those statements (see People v Powell, 303 AD2d 978, lv denied 100 NY2d 565, 1 NY3d 541), we nevertheless exercise our power to review it as a matter of discretion in the interest of justice (see CPL 470.15 [6] [a]; cf. [read post]
8 Feb 2009, 12:54 pm
" [T]he due process protections required for a risk level classification proceeding are not as extensive as those required in a plenary criminal or civil trial' " (People v Brooks, 308 AD2d 99, 105, lv denied 1 NY3d 502, quoting Doe v Pataki, 3 F Supp 2d 456, 470). [read post]
26 Jan 2010, 6:49 am
Vacating a default judgment requires proof of (1) a reasonable excuse for the default and (2) a meritorious defense to plaintiff's claim. [read post]
24 Jun 2024, 6:00 am
Decided and Entered:May 30, 2024 CV-23-0618 [*1]In the Matter of the Claim of Diane Alongi, Appellant. [read post]
24 Jun 2024, 6:00 am
Decided and Entered:May 30, 2024 CV-23-0618 [*1]In the Matter of the Claim of Diane Alongi, Appellant. [read post]
30 Jan 2018, 4:01 am
(Grace v Law, 24 NY3d at 211). [read post]
27 Jul 2018, 4:30 am
At the same time, however, “allegations consisting of bare legal conclusions as well as factual claims flatly contradicted by documentary evidence are not entitled to any such consideration” (Maas v Cornell Univ., 94 NY2d 87, 91 [internal quotation marks omitted]; see Myers v Schneiderman, 30 NY3d 1, 11; Sweeney v Sweeney, 71 AD3d 989, 991). [read post]
2 Oct 2018, 4:14 am
“To prevail on a claim for legal malpractice, a plaintiff must establish three elements: (1) that the attorney failed to exercise the degree of care, skill, and diligence commonly possessed and exercised by a member of the legal community, (2) that such negligent failure was a proximate cause of the loss in question, and (3) that the plaintiff sustained actual and ascertainable damages. [read post]
24 Jun 2022, 9:03 pm
In 2017, Rizo-Brewington was promoted to the position of Senior Account Clerk and, on May 3, 2018, she was terminated from that position for insubordination. [read post]
29 Aug 2017, 12:16 pm
Plaintiff, a financial analyst, has a B.A. from Georgetown and an MBA from Columbia Business School; she also holds series 3 and 7 licenses. [read post]
16 Mar 2023, 6:00 am
Given this ambiguity, the court may look to past practice to give meaning to the contract; and 3. [read post]
