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27 Jan 2010, 3:09 am by Andrew Lavoott Bluestone
Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438 (2007), quoting McCoy v. [read post]
30 Aug 2010, 7:44 am by Evidence ProfBlogger
Like its federal counterpart, Kentucky Rule of Evidence 803(8) provides an exception to rule against hearsay for A memorandum, report, record, or data compilation, in any form, of acts, events, conditions, opinions, or diagnoses, made at or near the time... [read post]
2 Aug 2011, 3:25 pm by Lisa Perrochet
The article observes that this was far more than the plaintiff had asked for, the defendant filed for bankruptcy, and the case (McCoy v. [read post]
10 Jun 2011, 6:01 am by Jon Robinson
McCoy, 131 S.Ct. 871 (2011), where it deferred to an agency’s amicus brief. [read post]
10 Jun 2011, 6:01 am by Jon Robinson
McCoy, 131 S.Ct. 871 (2011), where it deferred to an agency’s amicus brief.  [read post]
2 Jun 2011, 2:36 am by Andrew Lavoott Bluestone
  Here, Liotti's inexcusable failure to file timely opposition papers to the RICO defendants' motion to dismiss the amended complaint and to file a timely notice of appeal from the District Court's order granting such motion, clearly falls below the ordinary reasonable skill and knowledge commonly possessed by a member of the legal profession (see Conklin v Owen, 72 AD3d at 1007; McCoy v Tepper, 261 AD2d 592, 593). [read post]
31 May 2019, 4:17 am by Andrew Lavoott Bluestone
Here, the plaintiff’s legal malpractice cause of action accrued on March 20, 2012, when she, acting on the defendants’ advice, filed the bankruptcy petition (see McCoy v Feinman, 99 NY2d 295, 301; Tantleff v Kestenbaum & Mark, 131 AD3d 955, 956; Landow v Snow Becker Krauss, P.C., 111 AD3d 795, 796). [read post]
1 Aug 2010, 7:00 am by Howard Friedman
LEXIS 76760, June 25, 2010) and held that a complaint about lack of kosher food could not properly be raised in a habeas corpus proceeding, and in any case plaintiff had failed to exhaust administrative remedies.In McCoy v. [read post]
4 Mar 2008, 4:13 pm
McCoy managed to annoy the court in under 20 seconds ??? [read post]
22 Nov 2011, 3:03 am by Andrew Lavoott Bluestone
Contrary to the Meighan defendants' contention, inasmuch as the plaintiff did not sustain "actionable injury" until this Court awarded the buyers specific performance in the underlying action, the plaintiff's legal malpractice cause of action against them was not time-barred (McCoy v Feinman, 99 NY2d 295, 301; see Kerbein v Hutchison, 30 AD3d 730, 732). [read post]
10 Jan 2024, 6:32 am by Andrew Lavoott Bluestone
A plaintiff seeking to recover damages for legal malpractice must prove 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 damages (see McCoy v Feinman, 99 NY2d 295, 301-302). [read post]
22 Mar 2023, 5:25 am by Andrew Lavoott Bluestone
“Accrual is measured from the commission of the alleged malpractice, when all facts necessary to the cause of action have occurred and the aggrieved party can obtain relief in court” (Farage v Ehrenberg, 124 AD3d 159, 164; see McCoy v Feinman, 99 NY2d 295, 301). [read post]