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6 Nov 2012, 3:06 am
There is nothing new in the case of Jack Hall Plumbing & Heating, Inc. v Duffy 2012 NY Slip Op 07249 Decided on November 1, 2012 Appellate Division, Third Department , merely a restatement of the long-standing and settled rule that expert opinion is required to show that there was / was not a departure from good and accepted practice. [read post]
3 Mar 2023, 4:39 am
Green, 200 AD3d at 815; Denisco [*3]v Uysal, 195 AD3d at 991; Cusimano v Wilson, Elser, Moskowitz, Edelman & Dicker LLP, 118 AD3d 542, 542). [read post]
29 Jan 2010, 8:49 am
., decided 1/28/2010) Juvenile title, I know. [read post]
14 Feb 2014, 10:29 am
At most, the limited permits authorized the plaintiffs to complete the work described in the permits themselves, which, if undertaken, would leave the subject property in a condition amenable to development under the new, more restrictive R-1 zoning regulations. [read post]
14 Apr 2015, 2:19 pm
Combs, 25 AD3d 691, lv denied 6 NY3d 713 [over one million dollars in income used for child support of $220,000 per year]; Anonymous v. [read post]
4 Apr 2015, 4:00 pm
"), lv to appeal denied, 12 NY3d 856 (2009). [read post]
3 Dec 2008, 12:10 pm
" In addressing this aspect of Watson petition, the Appellate Division said that "Abuse of process has three essential elements: (1) regularly issued process, either civil or criminal, (2) an intent to do harm without excuse or justification, and (3) use of the process in a perverted manner to obtain a collateral objective. [read post]
11 Jan 2020, 5:48 am
January 1, 2020The October 2019 update to my 9 volume treatise, Law and The Family New York, 2d has been released and is available on the Thomson Reuters website bookstore. [read post]
26 Jul 2010, 7:15 am
" 11 NYCRR 65-3.8(a)(1). [read post]
1 Jun 2016, 4:00 am
Noting that he was obligated to "uphold" the Village's determination to deny the benefits as long as it was supported by substantial evidence, the Hearing Officer issued "findings" that McKay was entitled to General Municipal Law §207-a(2) benefits based on the "volume of medical evidence" that supported the conclusion that McKay [1] was "permanently incapacitated from performing his duties, [2] that his disability [was] permanent, and… [read post]
14 Dec 2017, 3:57 am
“On April 3, 2014, the plaintiffs commenced this action against Anchin, Phillip M. [read post]
18 Mar 2019, 4:13 am
The Plaintiff asserts five causes of action against Defendants as follows: [ 1] breach of contract and the implied covenant of good faith and fair dealing, [2] unjust enrichment, [3] breach of fiduciary duty, [ 4] fraud, and [ 5] negligence. [read post]
6 Oct 2009, 8:06 am
COMMET 380, INC., 10 NY3d 507 (2008), that it is for the Court to determine the parties' rights and obligations under an insurance policy based on the specific language of the policy. [read post]
1 Feb 2010, 2:29 pm
" Panasia Estates, Inc. v Hudson Insurance Company, 10 NY3d 200, 203 (2008). [read post]
6 May 2019, 4:06 am
The defendant moved pursuant to CPLR 3211 (a) (1) and (7) to dismiss the complaint. [read post]
1 Feb 2019, 3:57 am
The defendant moved pursuant to CPLR 3211(a)(1) and (7) to dismiss the complaint. [read post]
11 Oct 2018, 4:14 am
Defendants moved to dismiss pursuant to CPLR 3211(a)(1) and (7), arguing that plaintiff’s guilty plea bars the malpractice claim and that actions taken by the attorney who represented plaintiff after he was detained may have been an intervening cause of plaintiff’s prolonged detention. [read post]
18 Mar 2012, 7:26 am
In People v Dizak (2012 NY Slip Op 01907 [4th Department 3/16/12]), as in Syville, there was an apparent failure to timely serve the notice of appeal. [read post]
3 Feb 2023, 9:30 pm
Decided and Entered:January 19, 2023 534648 [*1]In the Matter of Kenneth Puig, Appellant, vNew York State Police et al., Respondents. [read post]
3 Feb 2023, 9:30 pm
Decided and Entered:January 19, 2023 534648 [*1]In the Matter of Kenneth Puig, Appellant, vNew York State Police et al., Respondents. [read post]
