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27 Apr 2018, 3:52 am by Andrew Lavoott Bluestone
These allegations, if true, might have thwarted the plaintiff’s efforts to fulfill her responsibilities imposed by the doctrine of caveat emptor with respect to the common areas of the building (see Camisa v Papaleo, 93 AD3d 623, 625; Margolin v IM Kapco, Inc. [read post]
7 May 2011, 5:52 am
This should be true only to the extent of which side carries the burden of proof. [read post]
8 May 2017, 9:06 am by ALEX BAILIN QC MATRIX
That was the question which fell to be decided recently in SXH v CPS. [read post]
3 Dec 2021, 5:22 am by Andrew Lavoott Bluestone
According the complaint a liberal construction, accepting the allegations contained therein as true and providing plaintiff with the benefit of every favorable inference, we find that plaintiff sufficiently alleged a violation of Judiciary Law § 487 (compare Lavelle-Tomko v Aswad & Ingraham, 191 AD3d at 1147-1148; Krouner v Koplovitz, 175 AD2d 531, 533 [1991]). [read post]
25 Mar 2019, 4:25 am by Andrew Lavoott Bluestone
Accepting as true the facts set forth in the complaint and according plaintiff the benefit of all favorable inferences arising therefrom, as we must in the context of the instant motion (see generally Leon v Martinez, 84 NY2d 83, 87-88 [1994]), we conclude that the complaint fails to plead a cognizable theory for legal malpractice because plaintiff’s allegations do not support even an inference that any alleged negligence by defendants was a proximate cause of… [read post]
’s allegations were true, the court held that it was unclear whether Backpage had a right to the CDA’s immunity; as such, further fact-finding was in order. [read post]
19 Jan 2014, 9:01 pm by Peter W. Martin
A week earlier the New Mexico Supreme Court decided Sunnyland Farms, Inc. v. [read post]
12 Jun 2020, 7:05 am by Jeremy T. Rosenblum
  The Administrator asserted that the bank was not the “true lender” for loans originated in the program and that, under the Second Circuit’s decision in Madden v. [read post]