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5 Mar 2012, 2:51 am by Andrew Lavoott Bluestone
A client's "self-serving, bald allegations of oral protests [a]re insufficient to raise a triable issue of fact as to the existence of an account stated" (Darby & Darby v VSI Intl., 95 NY2d 308, 315 [2000]) The part of defendants' malpractice counterclaim that dealt with the action against Edward Roski III was properly dismissed. [read post]
5 May 2008, 11:23 am
And that's a global problem whenever you're doing harmless error review, and is especially difficult in habeas cases, in which you have to add to this difficult mental gymnastics the required deference to state court findings. [read post]
23 Jun 2008, 8:20 pm
That states, in its entirety: "In my opinion the sentence imposed in this case is too harsh and I would not have imposed it were I the trial judge. [read post]
28 Feb 2020, 10:00 am by Andrew Hamm
United States and Tennessee v. [read post]
11 Dec 2019, 4:31 am by Andrew Lavoott Bluestone
Plaintiff’s claim for breach of fiduciary duty was also properly dismissed as untimely pursuant to the applicable three-year statute of limitations because plaintiff sought only money damages and not equitable relief (see Kaufman v Cohen, 307 AD2d 113, 118 [1st Dept 2003]). [read post]
19 Jan 2024, 3:49 am by Andrew Lavoott Bluestone
A claim of conversion of money is proper “when funds designated for a particular purpose are used for an unauthorized purpose” (East Schodack Fire Co., Inc. v Milkewicz, 140 AD3d 1255, 1256 [internal quotation marks omitted]). [read post]