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5 Apr 2015, 4:06 am by Patricia Salkin
Joan Dachs Bais Yaakov Elementary School-Yeshivas Tigeres Tzva v City of Evanston, 2015 IL App. (1st) 121809-U (unpub. 3/6/2015) The opinion can be accessed at: http://www.state.il.us/court/R23_Orders/AppellateCourt/2015/1stDistrict/1131809_R23.pdfFiled under: Current Caselaw, RLUIPA Tagged: religious uses [read post]
13 Sep 2012, 2:56 am by Andrew Lavoott Bluestone
To recover damages for legal malpractice, a plaintiff is required to show that the defendant 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 caused the plaintiff to suffer actual and ascertainable damages (see Dombrowski v Bulson, 19 NY3d 347, 350; Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 442; McCoy v Feinman, 99… [read post]
13 Jul 2012, 2:40 am by Andrew Lavoott Bluestone
Spiegel v Rowland, 552 US 1257; see Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 442; McCoy v Feinman, 99 NY2d 295, 301-302; Gioeli v Vlachos, 89 AD3d 984; Dempster v Liotti, 86 AD3d 169, 176). [read post]
13 Feb 2012, 3:14 am by Andrew Lavoott Bluestone
    "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]
22 Nov 2011, 3:03 am by Andrew Lavoott Bluestone
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]
10 Jun 2011, 2:29 am by Andrew Lavoott Bluestone
Shayne, Dachs, Stanisci, Corker & Sauer, 8 N.Y.3d 438, 442 (2007), quoting McCoy v. [read post]
2 Jun 2011, 2:36 am by Andrew Lavoott Bluestone
Spiegel v Rowland, 552 US 1257; see Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 442). [read post]
16 Jul 2010, 3:34 am by Andrew Lavoott Bluestone
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]
2 Sep 2009, 6:35 am
Back on August 19th, I posted about the Baldwin v. [read post]
1 Sep 2009, 4:39 am
"The Second Department of the Appellate Division recently stated in Kluczka v Lecci (63 AD3d 796 [2009]) that: "[i]n order to prevail in an action to recover damages for legal malpractice, a plaintiff must establish that the defendant attorney failed to exercise the ordinary reasonable skill and knowledge commonly possessed by a member of the legal profession, and that the breach of this duty proximately caused the plaintiff to sustain actual and ascertainable… [read post]