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10 Jan 2018, 4:12 am by Andrew Lavoott Bluestone
“Accepting plaintiff client’s allegations as true and drawing all reasonable inferences in its favor (see Leon v Martinez, 84 NY2d 83, 87-88 [1994]), a legal malpractice claim was sufficiently alleged (see Fielding v Kupferman, 65 AD3d 437, 439 [1st Dept 2009]). [read post]
22 Aug 2022, 3:45 am by Andrew Lavoott Bluestone
Where, as here, the defendants submitted evidentiary material in support of that branch of their cross motion which was pursuant to CPLR 3211(a)(7) to dismiss the complaint, the criterion becomes whether the plaintiff has a cause of action, not whether one is stated (see Guggenheimer v Ginzburg, 43 NY2d 268, 275; Bua v Purcell & Ingrao, P.C., 99 AD3d 843, 845). [read post]
18 Mar 2009, 3:27 pm
According to a report issued by the CDC this morning, not only did 2007 see the largest number of children born ever in the United States (4,317,119), but the percentage of children born out out wedlock reached an all-time high as well: 40%. [read post]
4 Jan 2010, 7:17 pm
We don't see many opinions involving the intersection of punitive damages and collateral estoppel. [read post]
3 Dec 2008, 5:51 pm
December 2nd was a bad day for several people: (1) California attorney Andrew Dimitriou (see yesterday's post); (2) non-California attorney John Brown (albeit in 1859); and (3) California quasi-attorney Harold Sullivan.The last of these three had a $3.1 million foreign judgment against him (issued by the Supreme Court of Gibraltar, no less) affirmed by the California Court of Appeal. [read post]
18 Mar 2016, 10:11 am by Seth Davis
For instance, I’d say his dissenting opinion in Saleh v. [read post]
5 Jan 2022, 7:47 am by Jordan Schneider
v=OLcEXu4cSUA Get bonus content on Patreon See acast.com/privacy for privacy and opt-out information. [read post]
23 Nov 2019, 5:10 pm by Howard Friedman
The U.S Supreme Court yesterday granted certiorari in Tanzin v. [read post]