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12 Jun 2009, 4:23 am
  The standard applied to dismissal motions under this particular sub-section is: "On a motion to dismiss based upon documentary evidence, dismissal is only warranted if the documentary evidence submitted conclusively establishes a defense to the asserted claims as a matter of law" (Klein v Gutman, 12 AD3d 417, 418; see CPLR 3211[a][1]; Saxony Ice Co., Div. of Springfield Ice Co., Inc. v Ultimate Energy Rest. [read post]
13 Oct 2011, 2:24 pm by Andrew Lavoott Bluestone
Leder v Spiegel, 9 NY3d 836 [2007]; Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438 [2007]; AmBase Corp. v Davis Polk & Wardwell, 8 NY3d 428 [2007]; Davis v Klein, 88 NY2d 1008 [1996]; Carmel v Lunney, 70 NY2d 169 [1987]). [read post]
27 Aug 2007, 5:01 pm
Insurance is Neither a Good Nor a Service Within the Meaning of the CLRAFairbanks v. [read post]
28 Aug 2019, 4:44 am by Andrew Lavoott Bluestone
Inc., 27 NY3d 46, 56 [2016]; Scialdone v Stepping Stones Assoc., L.P., 148 AD3d 953, 954-955 [2017]; Klein v Metropolitan Child Servs., Inc., 100 AD3d 708, 711 [2012]; 42 USC § 1983; CPLR art 14-A). [read post]
4 Jun 2019, 4:17 am by Andrew Lavoott Bluestone
Inc., 27 NY3d 46, 56 [2016]; Scialdone v Stepping Stones Assoc., L.P., 148 AD3d 953, 954-955 [2017]; Klein v Metropolitan Child Servs., Inc., 100 AD3d 708, 711 [2012]; 42 USC § 1983; CPLR art 14-A). [read post]
30 Jan 2011, 4:20 am by Howard Friedman
His equal protection and Establishment Clause claims were dismissed without prejudice.In Klein v. [read post]
12 Feb 2010, 3:43 am by Andrew Lavoott Bluestone
Moreover, defendant failed to show that "but for" plaintiff's alleged negligence defendant would have obtained a more favorable result in the underlying landlord-tenant proceeding or would have successfully sold his business to a third-p[*2]arty (see AmBase Corp. v Davis Polk & Wardell, 8 NY3d 428 [2007]; Davis v Klein, 88 NY2d 1008 [1996]). [read post]
20 Nov 2019, 4:27 am by Andrew Lavoott Bluestone
“To establish causation, a plaintiff must show that he or she would have prevailed in the underlying action or would not have incurred any damages, but for the lawyer’s negligence” (Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d at 442; see Davis v Klein, 88 NY2d 1008, 1009 [1996]). [read post]
1 Oct 2008, 9:35 am
You can sort through those at your leisure here.The Court also handed down several published opinions.Nicholas Klein v. [read post]
3 Nov 2020, 11:49 am
C) Who did Judge Murray Klein lose to (tricky question). [read post]
29 Apr 2016, 4:00 am by The Public Employment Law Press
The essentials in processing and challenging an employee disciplinary action where compulsory arbitration is involvedDavis v New York City Board/Department of Educ., 2016 NY Slip Op 02544, Appellate Division, First DepartmentWhere the parties are subject to compulsory arbitration in determining an employee disciplinary matter pursuant to the terms and conditions set out in law or in a collective bargaining agreement negotiated pursuant to Article 14 of the Civil Service Law, due… [read post]
26 Jun 2023, 4:00 am by Howard Friedman
Posner, Trump's Lower-Court Judges and Religion: An Initial Appraisal, (Virginia Public Law and Legal Theory Research Paper No. 2023-49 (2023).Paul-Olivier Klein & Shee-Yee Khoo, Paying for Religion? [read post]
22 Jul 2022, 9:30 pm by ernst
Burset, Notre Dame Law School, have updated their paper on Entick v. [read post]
21 May 2016, 7:19 am by Alex R. McQuade
Adam Klein provided a few thoughts on the Supreme Court’s ruling in Spokeo v. [read post]
24 Oct 2017, 9:30 pm by Dan Ernst
Germany and the History of International Law in the Americas- Karl V, Emperor of the Holy Roman Empire, the conquest of America, and the colonisation of Venezuela, New Granada, and the River Plate- German colonial companies, El Dorado and colonial accumulation of capital: The Welser Bank in Klein Venedig- German philosophy, international law, and the colonisation of America: Kant, Hegel, Marx, and Schmitt- Etc [read post]
14 Aug 2013, 7:30 am
The court also noted Mangone v Klein, a decision by a State Supreme Court justice in which the court, relying of Dowrie, denied DOE's motion to dismiss the educator’s petition seeking to set aside his unsatisfactory rating upon finding that there was nothing in the teacher's personnel file other than a disciplinary letter that had been ordered to be removed following arbitration related to the allegations against him. [read post]
3 Feb 2010, 3:20 am by Andrew Lavoott Bluestone
" It is well established that, with respect to attorney malpractice, absent fraud, collusion, malicious acts, or other special circumstances, an attorney is not liable to third parties, not in privity, for harm caused by professional negligence'" (Moran v Hurst, 32 AD3d 909, 911, quoting Rovello v Klein, 304 AD2d 638, 638). [read post]