Search for: "Motion"
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7 Jan 2011, 5:11 am
Practice point: Proximate cause can be established absent direct evidence, and may be inferred from the facts and circumstances underlying the injury. [read post]
16 Feb 2010, 1:14 am
Practice point: A party seeking to vacate an order entered upon a default must demonstrate a reasonable excuse and a meritorious cause of action or defense. [read post]
22 Jun 2010, 1:00 am
Practice point: Pursuant to CPLR 3001, the supreme court may render a declaratory judgment as to the rights of the parties to a justiciable controversy. [read post]
22 Feb 2010, 1:22 am
Practice point: Recission is appropriate when defendant’s fraud caused a significant injury and plaintiff has no adequate remedy at law. [read post]
14 Jul 2010, 12:43 am
Practice point: There is no cause of action sounding in deceptive acts and practices, pursuant to General Business Law § 349, arising from a private contractual dispute. [read post]
30 Aug 2010, 8:26 am
Practice point: Courts will liberally allow persons to intervene in actions where they have a bona fide interest in an issue. [read post]
10 Dec 2010, 12:49 am
Practice point: Leave to amend a complaint will be freely granted if the proposed amendment will not prejudice or surprise the defendant, is not patently devoid of merit, and is not plainly insufficient, pursuant to CPLR 3025[b]. [read post]
17 Jun 2010, 12:51 am
Practice point: Once a medical malpractice defendant has established the absence of any departure from good and accepted practice, plaintiff must submit a physician’s affidavit attesting to such a departure and opining that it was a causal competent in the injury. [read post]
8 Nov 2010, 12:51 am
Practice point: On an appeal from a judgment entered after a nonjury trial, the Appellate Division may render the judgment it finds is warranted by the facts. [read post]
19 Aug 2010, 1:04 am
Practice point: A court which renders a judgment or order may relieve a party from it on such terms as may be just, pursuant to CPLR 5015(a). [read post]
25 Nov 2008, 7:52 pm
In a Chapter 7 case, usually property that can’t be exempted is sold and distributed to creditors by the trustee. [read post]
5 Jan 2010, 1:05 am
Practice point: Standing alone, a business relationship with a New York entity is not enough for personal jurisdiction. [read post]
14 Jun 2010, 12:54 am
Practice point: A plaintiff may seek leave to enter a default judgment when a defendant has failed to appear within the time required, pursuant to CPLR 3215(a). [read post]
14 May 2010, 12:41 am
Practice point: A cause of action sounding in conversion requires a showing of ownership or a superior right of possession, and of defendant’s exercise of dominion, to the exclusion of plaintiff’s rights. [read post]
9 Jun 2010, 12:58 am
Practice point: Pursuant to CPLR 3211(b), a party may move to dismiss a defense on the ground that a defense is not stated, or that it has no merit.. [read post]
22 May 2013, 2:06 pm
In New Hanover County, local politics has taken an interesting turn since the election of Brian Berger to the New Hanover County Board of Commissioners in 2010. [read post]
1 Dec 2010, 12:46 am
Practice point: Leave to conform a pleading to the proof, pursuant to CPLR 3025(c), will be freely granted. [read post]
14 Sep 2010, 12:53 am
Practice point: A party is required to preserve a claim that the jury verdict is inconsistent. [read post]
10 Nov 2010, 12:56 am
Practice point: An unlicensed contractor cannot recover damages based either on breach of contract or quantum meruit. [read post]
28 Jan 2010, 1:36 am
Practice point: Conduct during litigation is frivolous and subject to sanction and/or the award of costs, including an attorney’s fee, when: (1) it is completely without merit in law and cannot be supported by a reasonable argument for an extension, modification, or reversal of existing law; (2) it is undertaken primarily to delay or prolong the resolution of the litigation, or to harass or maliciously injure another; or (3) it asserts material factual statements that are false, pursuant to… [read post]
