Search for: "Rudolf v. State"
Results 41 - 60
of 103
Sorted by Relevance
|
Sort by Date
13 Feb 2012, 3:14 am
"The complaint failed to state a cause of action to recover damages for legal malpractice because the plaintiff neglected to plead that she would have prevailed in the underlying action, commenced in the Supreme Court, New York County, but for the defendants' alleged malpractice in failing to file certain motions and appeal from certain orders issued in that action (see Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 442; Kuzmin… [read post]
16 Jul 2010, 3:34 am
While the DeCaro defendants contend that a rescission defense based on unilateral mistake would not have been successful in the underlying action for specific performance, specific performance may be denied based on unilateral mistake [*4]where the other party must have been aware of the mistake (see Da Silva v Musso, 53 NY2d 543, 548; Sheridan Drive-In v State of New York, 16 AD2d 400, 405; Harper, Inc. v City of Newburgh, 159 App Div 695, 696-697). [read post]
7 Feb 2023, 5:58 pm
The Evolution of Hong Kong’s International Positioning from Western Imperialism to Chinese Authoritarianism Walther Schücking Lecture Daniel McCarthy, Professor Bruno Simma’s Reflections on Dispute Resolution at the Peace Palace General Articles Julien Berger, The End of Intra-EU Investor-State Arbitration Henning Goeke, Moria 2.0 – Systemic Human Rights Violation and the Chance of a Pilot Decision Silvia Venier, The International Regime Governing Notification,… [read post]
3 Aug 2020, 4:00 am
In an action to recover damages for legal malpractice, a plaintiff must demonstrate that the attorney failed to exercise the ordinary reasonable skill and knowledge commonly possessed by a member of the legal profession and that the attorney’s breach of this duty proximately caused the plaintiff to sustain actual and ascertainable damages (see Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 442 [2007]; Von Duerring v Hession & Bekoff, 71 AD3d… [read post]
29 Jul 2022, 4:10 am
Auth., 182 AD3d 970, 971; Matter of Brennan v New York State Dept. of Health, 159 AD3d 1250, 1252; Matter of Trotman v New York State Cts., 117 AD3d 1164, 1165; Matter of Littles v New York State Dept. of Corrections, 61 AD3d 1266, 1268; Matter of Cushion v Brooklyn Botanic Garden, 46 AD3d 1095, 1096; cf. [read post]
2 Mar 2020, 4:51 am
Plaintiff’s assertion that, had Arenas been better prepared, the jury would have returned a favorable verdict is pure speculation (Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 443 [2007]; Bookwood v Alston & Bird, LLC, 146 AD3d 662 [1st Dept 2017]. [read post]
24 Dec 2010, 10:31 am
Ferme Rudolf Hefti Inc. [read post]
19 Nov 2021, 5:18 am
Even accepting plaintiff’s allegations as true, the complaint contains no nonconclusory allegations suggesting that any negligence by defendants in their handling of the medical malpractice trial was the “but for” cause of plaintiff to sustain actual and ascertainable damages (see Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 442 [2007]). [read post]
2 Jun 2011, 2:36 am
Spiegel v Rowland, 552 US 1257; see Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 442). [read post]
25 Apr 2011, 1:48 am
Feldman, __ AD3d __, 918 N.Y.S.2d 218 [2nd Dept., 2011]; see, Rudolf v. [read post]
22 Nov 2011, 3:03 am
While the DeCaro defendants contend that a rescission defense based on unilateral mistake would not have been successful in the underlying action for specific performance, specific performance may be denied based on unilateral mistake [*4]where the other party must have been aware of the mistake (see Da Silva v Musso, 53 NY2d 543, 548; Sheridan Drive-In v State of New York, 16 AD2d 400, 405; Harper, Inc. v City of Newburgh, 159 App Div 695, 696-697). [read post]
3 Aug 2022, 4:37 am
Supreme Court properly dismissed plaintiff’s legal malpractice cause of action in the original complaint because he failed to allege that “but for” defendant’s negligent conduct, he would have prevailed in the underlying action (Weil, Gotshal & Manges, LLP v Fashion Boutique of Short Hills, Inc., 10 AD3d 267, 272 [1st Dept 2004]; see Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 442 [2007]). [read post]
10 Apr 2019, 4:25 am
” Rudolf v. [read post]
18 Dec 2023, 3:25 am
Conklin, who represented plaintiff in an underlying action alleging accounting malpractice, among other things, were entitled to dismissal of the complaint given that plaintiff failed to allege that defendants were negligent or that they proximately caused any damages (see Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 442 [2007]; Fielding v Kupferman, 65 AD3d 437, 442 [1st Dept 2009]). [read post]
12 Oct 2022, 4:52 am
Supreme Court properly dismissed plaintiff’s legal malpractice cause of action in the original complaint because he failed to allege that “but for” defendant’s negligent conduct, he would have prevailed in the underlying action (Weil, Gotshal & Manges, LLP v Fashion Boutique of Short Hills, Inc., 10 AD3d 267, 272 [1st Dept 2004]; see Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 442 [2007]). [read post]
7 Sep 2022, 5:32 am
The Second Circuit’s decision vacating his conviction was issued on September 20, 2017 (see United States v Brooks, 872 F3d 78, 96 [2d Cir 2017]) and this case was not commenced until September 2021. [read post]
29 Jul 2015, 5:25 am
Rudolf Pameijer, Lindsay R. [read post]
16 Oct 2015, 4:10 am
Rudolf Abel (played by Mark Rylance). [read post]
15 Mar 2021, 3:51 am
” ” Although plaintiff does not specifically allege that defendants “failed to exercise the ordinary reasonable skill and knowledge commonly possessed by a member of the legal profession” (see Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d at 442), she does allege that defendants were “negligent and [departed] from acceptable practice for attorneys engaged in the practice oflaw in the State of New York. [read post]
2 Oct 2018, 4:14 am
” (Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 443 [2007] (quotations omitted).) [read post]
