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5 Mar 2007, 9:41 am
Rosner, Esq., who argued the case I am spotlighting in this blog entry - Davidson v. [read post]
19 Aug 2022, 4:42 am by Andrew Lavoott Bluestone
The “selection of one among several reasonable courses of action does not constitute malpractice” (Rosner v Paley, 65 NY2d 736, 738), and an attorney may not be held liable for “‘the exercise of appropriate judgment that leads to an unsuccessful result'” (Bua v Purcell & Ingrao, P.C., 99 AD3d 843, 846-847, quoting Rubinberg v Walker, 252 AD2d 466, 467). [read post]
8 Jun 2012, 3:21 am by Andrew Lavoott Bluestone
Furthermore, she failed to establish that she had a potentially meritorious cause of action (see generally Rosner v Paley, 65 NY2d 736, 738; Allen v Potruch, 282 AD2d 484, 484-485; Iannacone v Weidman, 273 AD2d 275, 276-277; Rubinberg v Walker, 252 AD2d 466, 467). [read post]
3 Jan 2022, 5:28 am by Andrew Lavoott Bluestone
The defendants also failed to demonstrate that their actions were protected by the attorney judgment rule (see generally Rosner v Paley, 65 NY2d 736, 738; Katsoris v Bodnar & Milone, LLP, 186 AD3d at 1505). [read post]
23 Apr 2021, 3:03 am by Andrew Lavoott Bluestone
Additionally, with regard to strategic decisions “the selection of one among several reasonable courses of action does not constitute malpractice” (Rosner v Paley, 65 NY2d 736, 738 [1985]). [read post]
2 Sep 2009, 4:35 am
"Attorneys are free to select among reasonable courses of action in prosecuting clients' cases without thereby exposing themselves to liability for malpractice" (Iocovello v Weingrad & Weingrad, 4 AD3d 208, 208 [2004]; see Rosner v Paley, 65 NY2d 736, 738 [1985]). [read post]
15 Nov 2017, 4:09 am by Andrew Lavoott Bluestone
Thus, defendant’s theory that plaintiff breached a duty of care to it by choosing to apply for attorneys’ fees via a sanctions motion instead of a motion under § 285 amounts to no more than an allegation that plaintiff made an error in judgment, which does not state a cause of action for malpractice (see Rosner v Paley, 65 NY2d 736, 738 [1985]; Sitomer v Goldweber Epstein, LLP, 139 AD3d 642 [1st Dept 2016], lv denied 28 NY3d 906… [read post]
12 Oct 2021, 5:52 am by Andrew Lavoott Bluestone
Further, the context of the complained-of statement in a campus publication was such that a reasonable reader would have concluded that he or she was reading an opinion, and not facts, about the plaintiff (see Rosner v Amazon.com, 132 AD3d 835, 837 [2015]; Silverman v Daily News, L.P., 129 AD3d 1054, 1055 [2015]; Hollander v Cayton, 145 AD2d 605, 605-606 [1988]). [read post]
23 Jan 2008, 3:45 am
Kirby, McInerney & Squire, LLP, 464 F.3d 328, 337 (2d Cir. 2006) (citing Rosner v. [read post]
18 Oct 2012, 3:22 am by Andrew Lavoott Bluestone
It follows that "[the] selection of one among several reasonable courses of action does not constitute malpractice" (Rosner v Paley, 65 NY2d 736, 738; see Dimond v Kazmierczuk & McGrath, 15 AD3d 526, 527). [read post]