Search for: "Matter of McCoy v McCoy" Results 21 - 40 of 193
Sort by Relevance | Sort by Date
RSS Subscribe: 20 results | 100 results
19 Mar 2021, 3:15 am by Andrew Lavoott Bluestone
“This doctrine applies where there is continuing trust and confidence in the relationship between the parties and the attorney’s continuing representation pertains to the specific matter in which the attorney committed the [*3]alleged malpractice, not merely the continuity of a general professional relationship” (Deep v Boies, 53 AD3d 948, 950 [2008] [internal quotation marks and citations omitted]; see McCoy v Feinman, 99 NY2d at… [read post]
5 Feb 2021, 3:07 am by Andrew Lavoott Bluestone
“To succeed on a motion to dismiss based upon documentary evidence pursuant to CPLR 3211(a)(1), the documentary evidence must utterly refute the plaintiff’s factual allegations, conclusively establishing a defense as a matter of law” (Gould v Decolator, 121 AD3d 845, 847; see Leon v Martinez, 84 NY2d 83, 88). [read post]
17 Jan 2021, 4:11 pm by INFORRM
Rather than file a response to Giustra’s claim, Twitter sought to have the matter dismissed out of B.C. courts, arguing that California, where Twitter has its headquarters, would be the correct jurisdiction but its arguments were rejected. [read post]
17 Jul 2020, 6:08 am by Andrew Lavoott Bluestone
To state a cause of action for legal malpractice, the plaintiff must allege that “the defendant attorney failed to exercise the ordinary reasonable skill and knowledge commonly possessed by a member of the legal profession,” and that the “breach of this duty proximately caused plaintiff to sustain actual and ascertainable damages” (Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 442 [2007], quoting McCoy v Feinman, 99 NY2d 295,… [read post]
26 May 2020, 4:30 am by Andrew Lavoott Bluestone
In order to be entitled to summary judgment, the movant “must make a prima facie showing of entitlement to judgment as a matter of law, tendering sufficient evidence to eliminate any material issues of fact from the case” (Winegrad v New York Univ. [read post]