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4 Oct 2018, 4:39 am
Webster v Sherman 2018 NY Slip Op 06590 Decided on October 3, 2018 Appellate Division, Second Department does fall into this small crack. [read post]
23 Jun 2016, 7:24 am
A recent decision of the Kings County Surrogate’s Court[1] demonstrates the importance of thoroughly analyzing all aspects of a statute of limitations defense prior to making a dismissal motion. [read post]
11 May 2022, 3:32 am
Of the City of New York, 76 NY3d 3 79 (1990) and CPLR 4545 are inapposite. [read post]
24 Feb 2023, 5:18 am
Co. of N.Y., 98 NY2d 314[*3], 326 [2002]). [read post]
8 Jun 2020, 5:55 am
To succeed on a legal malpractice claim, a plaintiff must demonstrate “(1) that the attorney was negligent; (2) that such negligence was a proximate cause of plaintiff’s losses; and (3) proof of actual damages” (Global Business Inst. v Rivkin Radler LLP, 101 AD3d 651, 651 [1st Dept 2012]; see also, Rudolph v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438 [2007]). [read post]
15 Jun 2009, 7:23 am
Co., 4 NY3d at 476; Matter of New York Cent. [read post]
18 Aug 2011, 9:35 am
Nothing in section 50-a mentions the word disciplinary hearing, let alone requires that such hearings be held in private, and we discern no import from this omission other than the obvious — that the failure of the Legislature to include it within the statute is an indication that its exclusion was intended (see Pajak v Pajak, 56 NY2d 394, 397 [1982]; Matter of Collins v Dukes Plumbing & Sewer Serv., Inc., 75 AD3d 697, 699-700 [2010], lv granted 15 NY3d 713… [read post]
19 Dec 2024, 1:30 am
at *3).The Appellate Division affirmed the judgment insofar as appealed from by the City. [read post]
19 Dec 2024, 1:30 am
at *3).The Appellate Division affirmed the judgment insofar as appealed from by the City. [read post]
6 Feb 2018, 4:12 am
” (Williamson v PricewaterhouseCoopers LLP, 9 NY3d 1, 10 [2007], quoting Shumsky v Eisenstein, 96 NY2d 164, 170 [2001] [internal quotation marks omitted]). [read post]
12 Oct 2017, 4:29 am
The three-year limitations period accrues “when the malpractice is committed, not when the client discovers it” (Williamson v Price WaterhouseCoopers LLP, 9 NY3d 1, 7-8 [2007]). [read post]
7 Aug 2018, 5:01 am
., 8 NY3d 478, 489, 836 NYS2d 509, 515-516 (2007] [holding that “compensatory damages are intended to have the wrongdoer make the victim whole – to assure that the victim receive fair and just compensation commensurate with the injury sustained”]). [read post]
8 Jul 2011, 1:11 am
” (see Matter of Theroux v Reilly, 1 NY3d 232 ======================= General Municipal Law§§ 207-a and 207-c - a 1098 page e-book focusing on administering General Municipal Law Sections 207-a/207-c and providing benefits thereunder is available from the Public Employment Law Press. [read post]
20 Oct 2008, 11:10 am
A hearing on the charges pursuant to Education Law § 3020-a was held and the arbitrator concluded that:1. [read post]
1 Jul 2022, 9:03 pm
FORD, JJ. 2021-01852 (Index No. 613899/19) [*1]In the Matter of Matthew Gabriel, appellant, vCity of Long Beach, et al., respondents. [read post]
18 Dec 2015, 8:30 am
DeOliveira later learned that, prior to the layoffs, the Association had agreed with the District's decision to exclude at least two sixth grade teachers from the elementary education tenure area — Peter Goodwin and Erin Murphy, both of whom were appointed by District after DeOliveira’s effective date of appointment.In her improper practice charge filed with PERB, DeOliveira alleged, among other things, that the Association did not fairly represent her interests because… [read post]
1 Jul 2022, 9:03 pm
FORD, JJ. 2021-01852 (Index No. 613899/19) [*1]In the Matter of Matthew Gabriel, appellant, vCity of Long Beach, et al., respondents. [read post]
7 Oct 2008, 5:59 pm
& Community Renewal, 3 NY3d 337,342 [2004], internal quotation marks omitted). [read post]
15 Feb 2010, 8:56 am
., 5 NY3d 742, 743), here there was a failure to provide timely notice of the actual commencement of the underlying action. [read post]
11 Jan 2015, 7:52 pm
Thus, assault in the third degree under Penal Law 120.00 (1) is not a lesser included offense of strangulation in the second degree. [read post]
