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20 Nov 2020, 7:30 am by Public Employment Law Press
" * Citing Matter of Ferrara v Magee Volunteer Fire Dept., 191 AD2d 967, the Appellate Division noted that §209-l "by its own terms, does not affect the right of members of any fire company to remove a volunteer officer or voluntary member of such company for failure to comply with the constitution and by-laws of such company". [read post]
29 Aug 2021, 9:00 pm
Citing a recent decision from the United States Court of Appeals for the Second Circuit (Francis v. [read post]
22 Sep 2021, 5:05 am by Andrew Lavoott Bluestone
Abrams, Fensterman, Eiseman, Formato, Ferrara & Wolf, LLP, supra 172 AD3d at 1300. citing Williams v. [read post]
18 Jul 2022, 4:05 am by Andrew Lavoott Bluestone
 . must be stated with particularity’ ” (Gorbatov v Tsirelman, 155 AD3d at 838, quoting Facebook, Inc. v DLA Piper LLP [US], 134 AD3d 610, 615 [2015]). [read post]
7 Feb 2024, 4:27 am by Andrew Lavoott Bluestone
Plaintiffs, however, failed to sufficiently plead how the concealment of this relationship caused plaintiffs any damages or led to any adverse rulings in the divorce action (see Saporito v Branda, 213 AD3d 588, 589 [1st Dept 2023]; DeMartino v Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara & Wolf, LLP, 189 AD3d 774, 776 [2d Dept 2020]; Jean v Chinitz, 163 AD3d 497, 497 [1st Dept 2018]; cf. [read post]
30 Apr 2008, 11:40 am
For publication opinions today (3): In Cory Pierce, Judith McIntosh, Thomas Ferrara, Judy Willis, et al v. [read post]
15 Apr 2022, 3:55 am by Andrew Lavoott Bluestone
“‘Allegations regarding an act of deceit . . . must be stated with particularity'” (Gorbatov v Tsirelman, 155 AD3d at 838, quoting Facebook, Inc. v DLA Piper LLP [US], 134 AD3d 610, 615). [read post]
10 Jun 2024, 3:45 am by Andrew Lavoott Bluestone
Plaintiffs, however, failed to sufficiently plead how the concealment of this relationship caused plaintiffs any damages or led to any adverse rulings in the divorce action (see Saporito v Branda, 213 AD3d 588, 589 [1st Dept 2023]; DeMartino v Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara & Wolf, LLP, 189 AD3d 774, 776 [2d Dept 2020]; Jean v Chinitz, 163 AD3d 497, 497 [1st Dept 2018]; cf. [read post]
18 Mar 2015, 7:28 pm
Where testator dies seized of real property in several states the courts of each state may construe the will as to the realty situated in its own state (Matter of Good's Will, 304 N.Y. 110, 116, 106 N.E.2d 36, 39, supra; In re Ellis' Estate, Sur., 139 N.Y.S.2d 640; De Vaughn v. [read post]
17 Jul 2024, 4:59 am by Andrew Lavoott Bluestone
Thus, as plaintiffs facts alleging extortion do not state a claim, so too are plaintiff’s claims that the Schutzer defendants submitted a forged document insufficient to state a claim. [read post]