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3 May 2008, 7:15 am
The lead case is Commissioner of Insurance v. [read post]
22 Nov 2022, 6:00 am by Public Employment Law Press
 Citing Seifullah v City of New York, 161 AD3d 1206, the Appellate Division said contrary to the Plaintiff's contention, the filing of a notice of claim was a condition precedent to the maintenance of his action and Plaintiff's reliance upon Margerum v City of Buffalo (24 NY3d 721) was misplaced. * See Executive Law §296. [read post]
22 Nov 2022, 6:00 am by Public Employment Law Press
 Citing Seifullah v City of New York, 161 AD3d 1206, the Appellate Division said contrary to the Plaintiff's contention, the filing of a notice of claim was a condition precedent to the maintenance of his action and Plaintiff's reliance upon Margerum v City of Buffalo (24 NY3d 721) was misplaced. * See Executive Law §296. [read post]
20 Jul 2016, 6:57 am by Docket Navigator
The magistrate judge recommended denying defendant's motion to dismiss plaintiff's willful infringement claim for failure to state a claim and found that the Supreme Court's recent decision in Halo Elecs., Inc. v. [read post]
22 Nov 2022, 5:00 am by Public Employment Law Press
  Citing Seifullah v City of New York, 161 AD3d 1206, the Appellate Division said contrary to the Plaintiff's contention, the filing of a notice of claim was a condition precedent to the maintenance of his action and Plaintiff's reliance upon Margerum v City of Buffalo (24 NY3d 721) was misplaced. * See Executive Law §296. [read post]
3 Jun 2016, 8:05 am by Gerard N. Magliocca
During his career, Judge Garza was a strong critic of Roe v. [read post]
21 Sep 2021, 7:30 am by Public Employment Law Press
., LLC v National Wine & Spirits, Inc., 196 3d 883, the Appellate Division, Third Department, said its "longstanding doctrine of judicial estoppel has been succinctly stated as follows:  Where a party assumes a position in one legal [action or] proceeding and succeeds in maintaining that position, that party may not subsequently assume a contrary position in a second [action or] proceeding because its interests have changed. [read post]
21 Sep 2021, 7:30 am by Public Employment Law Press
., LLC v National Wine & Spirits, Inc., 196 3d 883, the Appellate Division, Third Department, said its "longstanding doctrine of judicial estoppel has been succinctly stated as follows:  Where a party assumes a position in one legal [action or] proceeding and succeeds in maintaining that position, that party may not subsequently assume a contrary position in a second [action or] proceeding because its interests have changed. [read post]
22 Nov 2022, 5:00 am by Public Employment Law Press
  Citing Seifullah v City of New York, 161 AD3d 1206, the Appellate Division said contrary to the Plaintiff's contention, the filing of a notice of claim was a condition precedent to the maintenance of his action and Plaintiff's reliance upon Margerum v City of Buffalo (24 NY3d 721) was misplaced. * See Executive Law §296. [read post]