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3 Jun 2009, 4:32 am
In order to prevail on this claim, the plaintiff must establish both that the defendants "failed to exercise the ordinary reasonable skill and knowledge commonly possessed by a member of the legal profession" (Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 442; see Davis v Klein, 88 NY2d 1008, 1009-1010) and that their breach of this duty proximately caused her actual and ascertainable damages (see Rudolf v Shayne,… [read post]
11 Jul 2018, 4:20 am
To establish proximate causation, the plaintiff must show that she would have prevailed in the underlying action or would not have incurred any damages, but for the defendant attorney’s [*2]negligence (see Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d at 442; Kluczka v Lecci, 63 AD3d 796, 797; Wray v Mallilo & Grossman, 54 AD3d 328, 329). [read post]
3 Sep 2019, 4:39 am
“To establish causation, a plaintiff must show that he or she would have prevailed in the underlying action or would not have incurred any damages, but for the lawyer’s negligence” (Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d at 442; see Garcia v Polsky, Shouldice & Rosen, P.C., 161 AD3d 828, 830 [2018]; Kliger-Weiss Infosystems, Inc. v Ruskin Moscou Faltischek, P.C., 159 AD3d 683, 684 [2018]). [read post]
4 Feb 2007, 10:53 am
In a recent decision, Knoglinger v. [read post]
10 Jan 2008, 3:44 am
“CPLR 5001 operates to permit an award of prejudgment interest from the date of the accrual of the malpractice action in actions seeking damages for attorney malpractice”, citing Horstmann v, Grasso PC, 210 AD2d 671; Rudolf v. [read post]
10 May 2018, 4:19 am
Garcia v Polsky, Shouldice & Rosen, P.C. [read post]
23 Jun 2021, 5:23 am
Justice to the stand (Rudolf, 8 NY3d at 442). [read post]
21 Apr 2008, 9:54 am
Let me start with a must-read by Rudolf J. [read post]
20 Dec 2011, 7:23 pm
Meanwhile, his reindeer are being charged with cyberbullying Rudolf. [read post]
18 Mar 2022, 5:19 am
Plaintiff’s contention that the motion court in the fee dispute would have awarded her predecision interest pursuant to CPLR 5001 is at best speculative (see Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 442, 443 [2007]; see also Manufacturer’s & Traders Trust Co. v Reliance Ins. [read post]
2 May 2017, 7:31 am
" He also played 3 roles in "The Prisoner of Zenda" — Rudolf IV, Rudolf V, and Syd Frewin — but I haven't seen that. [read post]
20 Nov 2019, 4:27 am
“To establish causation, a plaintiff must show that he or she would have prevailed in the underlying action or would not have incurred any damages, but for the lawyer’s negligence” (Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d at 442; see Davis v Klein, 88 NY2d 1008, 1009 [1996]). [read post]
10 Jun 2011, 2:29 am
Rudolf v. [read post]
19 May 2023, 3:51 am
Plaintiffs’ legal malpractice cause of action should not have been dismissed under CPLR 3211 (a) (1) or CPLR 3211 (a) (7) (see generally Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 442 [2007]). [read post]
10 Sep 2012, 3:07 am
Frederick, MD : Wolters Kluwer Law & Business, 2012 2 v. [read post]
27 Jan 2010, 3:09 am
" Rudolf v. [read post]
23 Sep 2022, 4:44 am
” “The amended complaint states a cause of action for legal malpractice and the documents submitted do not utterly refute the factual allegations underlying that cause of action (see generally Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 442 [2007]; Leon v Martinez, 84 NY2d 83, 87-88 [1994]; Goshen v Mutual Life Ins. [read post]
13 Jun 2022, 3:32 am
In an action to recover damages for legal malpractice, a plaintiff must demonstrate that the attorney failed to exercise the ordinary reasonable skill and knowledge commonly possessed by a member of the legal profession and that the attorney’s breach of this duty proximately caused the plaintiff to sustain actual and ascertainable damages (see Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 442; Parklex Assoc. v Flemming Zulack Williamson… [read post]
28 Dec 2020, 3:51 am
Plaintiff’s alleged damages, as they relate to legal expenses defending the specific performance action, may be found to be proximately related to defendant’s negligent advice related to the issue of the contingency clause (see Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d at 443). [read post]
14 Jul 2009, 5:08 am
"To sustain a cause of action alleging legal malpractice, a plaintiff must establish that the attorney "failed to exercise the ordinary reasonable skill and knowledge commonly possessed by a member of the legal profession," and that the attorney's breach of this duty proximately caused the plaintiff actual and ascertainable damages (Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 442, quoting McCoy v Feinman,… [read post]
