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22 Nov 2023, 4:52 am by Andrew Lavoott Bluestone
Plaintiff’s attempt to relitigate this issue is unavailing and the conclusory allegations do not adequately state a claim for malpractice (see Garr Silpe, P.C. v Gorman, 192 AD3d 633 [1st Dept 2021]; Olsen v Smith, 187 AD3d 675, 675 [1st Dept 2020]; Sitomer v Goldweber Epstein, LLP, 139 AD3d 642, 643 [1st Dept 2016], lv denied 28 NY3d 908 [2016]).THIS CONSTITUTES THE DECISION AND ORDER” [read post]
23 Mar 2009, 5:57 am
You are undoubtedly aware that the United States Supreme Court has remanded the above matter to this Court for further consideration in light of its opinion in Wyeth v. [read post]
4 May 2016, 10:08 am by Jetta Sandin
This uncertainty is evidenced by two recent decisions: the Second Circuit’s 2-1 decision in United States v. [read post]
13 Jul 2022, 3:44 am by Andrew Lavoott Bluestone
” “Here, the plaintiff failed to state causes of action sounding in breach of contract, legal malpractice, breach of fiduciary duty, and fraud, as she failed to adequately allege the element of [*2]damages with respect to each of those causes of action (see Denisco v Uysal, 195 AD3d 989 [2021]; McSpedon v Levine, 158 AD3d 618, 621 [2018]; Bua v Purcell & Ingrao, P.C., 99 AD3d 843, 848 [2012]; Smith v Chase… [read post]
3 Feb 2014, 5:00 am
Levine, 555 U.S. 555 (2009), and weaponized by our side in PLIVA v. [read post]
10 Dec 2006, 5:10 pm
On Monday, December 4, 2006, Judge Joanna Seybert adopted in part the Report and Recommendation of Magistrate Judge Tracy Tomlinson issued only days earlier on November 30 in RX USA Wholesale v. [read post]
5 Mar 2008, 6:38 am
The case on which hopes of federalism hang is now Wyeth v Levine, a case set for argument in the coming Fall term. [read post]
20 Mar 2018, 4:32 am by Edith Roberts
City of Riviera Beach, Florida, United States v. [read post]