Search for: "Rudolf v. State"
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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]
18 Oct 2021, 3:44 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]
10 Jun 2011, 2:29 am
Rudolf v. [read post]
11 Nov 2022, 1:10 am
Judgment, U.S. v. [read post]
4 Feb 2022, 4:40 am
The motion court applied the proper standard of care to defendants in this legal malpractice action (see Bassim v Halliday, 234 AD2d 628 [3d Dept 1996], appeal dismissed 89 NY2d 1001 [1997]; see generally Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 442 [2007]). [read post]
1 Sep 2009, 4:39 am
"The Second Department of the Appellate Division recently stated in Kluczka v Lecci (63 AD3d 796 [2009]) that: "[i]n order to prevail in an action to recover damages for legal malpractice, a plaintiff must establish 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 the plaintiff to sustain actual and ascertainable… [read post]
30 Oct 2023, 5:01 am
“To state a cause of action alleging legal malpractice, a plaintiff must allege 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 (Rudolf v Shayne, Dachs, Stanisci, Corker, & Sauer, 8 N.Y.3d 438 [2007]; Philip S. [read post]
29 Nov 2011, 12:15 pm
United States (1960) KGB Colonel Rudolf Ivanovich Abel Consider the case of Rudolf Abel, the master KGB spy whose seizure, conviction, and exchange for U-2 pilot Francis Gary Powers I examine in a recent article. [read post]
10 Jan 2024, 6:32 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 438, 442; see Valley Ventures, LLC v Joseph J. [read post]
28 Sep 2022, 2:06 am
” “Here, because Brooks plead guilty to certain tax evasion counts, those convictions were not abated by the Second Circuit in United States v Brooks (872 F3d 78, 87-88 [2d Cir 2017)). [read post]
29 Nov 2012, 2:15 am
(trade mark law: dirty tricks and acquiescence in honest use); Case C-162/10 Phonographic Performance (Ireland) Ltd v Ireland and Others (communication of a work to the public, via a hotel bedroom)Case C‑145/10 Eva-Maria Painer v Standard VerlagsGmbH, Axel Springer AG, Süddeutsche Zeitung GmbH, SPIEGEL-Verlag Rudolf AUGSTEIN GmbH & Co KG and Verlag M. [read post]
12 Dec 2022, 3:54 am
Dismissal of the legal malpractice counterclaim was warranted because defendant failed to adequately plead proximate causation (see Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 442 [2007]; Leon v Martinez, 84 NY2d 83, 87-88 [1994]). [read post]
13 Jan 2008, 6:36 am
That's Burns v. [read post]
13 Oct 2023, 5:04 am
” To state a cause of action for legal malpractice, in addition to an attorney-clientrelationship, the complaint must set forth “the negligence of the attorney; that the negligence was the proximate cause of the loss sustained; and actual damages” (Leder v Spiegel, 31 AD3d 266 [1st Dept 2006]). [read post]
29 Nov 2021, 4:32 am
In this connection we note that, “[d]amages in a legal malpractice case are designed to make the injured client whole” (Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 443 [2007] [internal quotation marks omitted]). [read post]
3 Mar 2021, 3:43 am
Under these circumstances, the complaint states a valid legal malpractice cause of action (see Arnav Indus., Inc. [read post]
26 Feb 2019, 4:23 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; Kliger-Weiss Infosystems, Inc. v Ruskin Moscou Faltischek, P.C., 159 AD3d 683, 684). [read post]
18 Apr 2011, 1:45 am
Guayara v Harry I. [read post]
10 Sep 2012, 3:07 am
Frederick, MD : Wolters Kluwer Law & Business, 2012 2 v. [read post]
13 Jul 2012, 2:40 am
Spiegel v Rowland, 552 US 1257; see Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 442; McCoy v Feinman, 99 NY2d 295, 301-302; Gioeli v Vlachos, 89 AD3d 984; Dempster v Liotti, 86 AD3d 169, 176). [read post]
