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8 Mar 2021, 4:00 am
" 3. [read post]
5 Jul 2024, 6:00 am
Decided and Entered:June 27, 2024 CV-23-2014 [*1]In the Matter of the Claim of Andrew P. [read post]
8 Mar 2021, 12:00 am
" 3. [read post]
4 Jan 2016, 3:54 am
Marquan M., 24 NY3d 1,7 [2014]). [read post]
3 Apr 2015, 3:49 pm
Indeed, the City affirms that, "[i]n 2009, there were 1, 141 new applications for premise residence licenses, and 826 of these applications were approved" (City's Amicus Br. at 3). [read post]
29 Apr 2019, 4:40 am
The defendant moved pursuant to CPLR 3211(a)(1) and (7) to dismiss the complaint. [read post]
12 Sep 2017, 4:00 am
Here, plaintiffs are seeking to recover damages for additional legal fees made necessary by defendant’s alleged misconduct in the foreclosure action, and they are not collaterally attacking the judgment of foreclosure (see generally Amalfitano v Rosenberg, 12 NY3d 8, 15 [2009]). [read post]
5 Jul 2019, 3:03 am
“Plaintiff failed to demonstrate a reasonable excuse for his default in responding to defendants’ motion to dismiss the complaint (CPLR 5015[a][1]; see Eugene Di Lorenzo, Inc. v A.C. [read post]
15 Mar 2024, 5:52 am
[brackets omitted], quoting Kolchins v Evolution Mkts., Inc., 31 NY3d 100, 106 [2018]). [read post]
18 Jun 2018, 4:28 am
Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 443). [read post]
28 Sep 2018, 4:49 am
Nonetheless, we are cognizant of the “evident intent [of Judiciary Law § 487] to enforce an attorney’s special obligation to protect the integrity of the courts and foster their truth-seeking function” (Amalfitano, 12 NY3d at 14; see also Specialized Indus. [read post]
15 Oct 2018, 4:40 am
Among other things, 1) the value of the unit is not related to either party’s conduct, 2) mitigation should not require plaintiffs to sell their unit, and 3) plaintiffs still incurred expenses repairing the HVAC and still had to provide rent abatements and separate heating and air conditioning units while the HVAC repairs were ongoing. [read post]
31 Mar 2025, 5:50 am
Corp., 39 NY3d 361, 367 [2023]). [read post]
3 Jun 2022, 10:58 am
"To establish a prima facie case of discrimination on the basis of race under the NYSHRL, a plaintiff must demonstrate that (1) the plaintiff is a member of a protected class, (2) the plaintiff was qualified to hold the position, (3) the plaintiff suffered an adverse employment action, and (4) the adverse action occurred under circumstances giving rise to an inference of discrimination" (Ellison v Chartis Claims, Inc., 178 AD3d 665, 667; see Forrest v Jewish Guild for the… [read post]
3 Jun 2022, 10:58 am
"To establish a prima facie case of discrimination on the basis of race under the NYSHRL, a plaintiff must demonstrate that (1) the plaintiff is a member of a protected class, (2) the plaintiff was qualified to hold the position, (3) the plaintiff suffered an adverse employment action, and (4) the adverse action occurred under circumstances giving rise to an inference of discrimination" (Ellison v Chartis Claims, Inc., 178 AD3d 665, 667; see Forrest v Jewish Guild for the… [read post]
3 Jun 2022, 10:58 am
"To establish a prima facie case of discrimination on the basis of race under the NYSHRL, a plaintiff must demonstrate that (1) the plaintiff is a member of a protected class, (2) the plaintiff was qualified to hold the position, (3) the plaintiff suffered an adverse employment action, and (4) the adverse action occurred under circumstances giving rise to an inference of discrimination" (Ellison v Chartis Claims, Inc., 178 AD3d 665, 667; see Forrest v Jewish Guild for the… [read post]
3 Jun 2022, 10:58 am
"To establish a prima facie case of discrimination on the basis of race under the NYSHRL, a plaintiff must demonstrate that (1) the plaintiff is a member of a protected class, (2) the plaintiff was qualified to hold the position, (3) the plaintiff suffered an adverse employment action, and (4) the adverse action occurred under circumstances giving rise to an inference of discrimination" (Ellison v Chartis Claims, Inc., 178 AD3d 665, 667; see Forrest v Jewish Guild for the… [read post]
20 Dec 2014, 11:19 am
Boscic, 15 NY3d 494, 498 (2010). [read post]
21 Jun 2023, 4:27 am
The attorney defendants moved pursuant to CPLR 3211(a)(1) and (7) to dismiss the complaint insofar as asserted against them. [read post]
23 Oct 2023, 6:20 am
Supervisors & Adm’rs Local 1, 181 AD3d 949, 950-951 [2d Dept 2020]). [read post]
