Search for: "3 NY3d 1"
Results 601 - 620
of 663
Sorted by Relevance
|
Sort by Date
13 May 2021, 8:11 am
” “In an 8-1 decision in Ontario (Attorney General) v. [read post]
27 Mar 2024, 4:57 am
., ,r 1 04).A cause of action to recover damages for negligence sounding in legal malpractice hasthree elements: (1) that the defendant failed to exercise that degree of care, skill, and diligence commonly possessed and exercised by an ordinary member of the legal community, (2) that such negligence was the proximate cause of the actual damages plaintiff sustained, and (3) that, but for the defendant’s negligence, the plaintiff would have been successful in the… [read post]
6 Nov 2009, 7:24 am
Co., 96 NY2d 1, 6, 724 NYS2d 670, 747 NE2d 1270 [2001]). [read post]
19 Sep 2011, 3:36 am
"Heightened risks" is no longer a viable consideration.-- see Matter of Theroux v Reilly, 1 NY3d 232 ======================= General Municipal Law§§ 207-a and 207-c - a 1098 page e-book focusing on administering General Municipal Law Sections 207-a/207-c and providing benefits thereunder is available from the Public Employment Law Press. [read post]
12 May 2025, 4:24 am
Churchill Owners Corp., 228 AD3d 414, 415, 214 N.Y.S.3d 1, 3 (1st Dept. 2024) (“Plaintiff is correct that the pandemic-related executive orders constituted a toll of the applicable statute of limitations. [read post]
1 Jul 2009, 8:58 am
Corp., 6 NY3d 687, 691 (2006), and construed so as to harmonize with one another. [read post]
31 Mar 2020, 2:30 pm
(See https://www.childsupport.ny.gov/dcse/pdfs/CSSA.pdf) Revised Forms for Use in Matrimonial Actions in Supreme Court were adopted effective March 1, 2020. [read post]
16 Jul 2023, 6:44 pm
Res judicata has three elements: “[1] the existence of a prior judgment on the merits [2] between the same parties or those in privity with them [3] involving the same subject matter” (Brody v RBC Mtge. [read post]
22 Dec 2019, 2:06 pm
., 26 NY3d 543 [2015]. [read post]
25 Jul 2022, 4:57 am
“‘Collateral estoppel comes into play when four conditions are fulfilled: (1) the issues in both proceedings are identical, (2) the issue in the prior proceeding was actually litigated and decided, (3) there was a full and fair opportunity to litigate in the prior proceeding, and (4) the issue previously litigated was necessary to support a valid and final judgment on the merits'” (Wilson v City of New York, 161 AD3d 1212, 1216, quoting Conason v… [read post]
17 Apr 2012, 7:27 am
The rule for prosecutors is to ask whether any “valid line of reasoning and permissible inferences” could lead a reasonable juror to the conclusion that the defendant has been proven guilty beyond a reasonable doubt (People v Mateo, 3 NY3d 383, 409 [2004]). [read post]
31 Oct 2019, 4:19 am
In light of the expert affidavits submitted by both Signature and the plaintiff in Action No. 1, there are triable issues of fact as to whether Signature was negligent in knowingly permitting Anthony—a nonattorney—to be a signatory on the Baron escrow account, and as to whether any such negligence was a proximate [*3]cause of the loss of funds deposited in the Baron escrow account (see generally Stucchio v Bikvan, 155 AD3d 666, 667). [read post]
7 Sep 2017, 3:56 am
Sys., Inc., 92 AD3d 29, 37 [1st Dept 2011] [“discrimination rarely announces itself,” and “the defendant, by definition, is in a materially better position to provide evidence as to its actual motivation than the plaintiff”], lv denied 18 NY3d 811 [2012]). [read post]
26 Dec 2018, 4:31 am
McCamey [McCamey affirmation], exhibit P [complaint] 1 6). [read post]
6 Aug 2012, 11:02 am
Correa, 15 NY3d 213, 229 [2010] Therefore, if the Legislature attempted to abridge, limit or qualify the jurisdiction, broad though it may be, which is given to the Supreme Court under article VI, subsection 7, it would be considered unconstitutional and void. [read post]
27 Jun 2019, 4:00 am
" This ruling by the Appellate Division is posted on the Internet, and its URL is set out at Footnote [3] below.Respondent subsequently issued findings of fact and conclusions of law in support of its determination to remove petitioner from her position. [read post]
23 Oct 2014, 5:32 am
State of New York, 15 NY3d 8 (2010). [read post]
27 Jul 2020, 6:00 am
Kliment & Frances Halsband, Architects, 3 NY3d 538, 541-542 [2004]). [read post]
1 Feb 2021, 5:47 am
” (Leder v Spiegel, 9 NY3d 836, 837 [2007] [internal citations omitted].) [read post]
9 May 2025, 3:49 am
Friedman, P.C., 153 AD3d at 1252, quoting Mizuno [*3]v Nunberg, 122 AD3d 594, 595). [read post]
