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18 Oct 2024, 6:35 am by Andrew Lavoott Bluestone
“The court properly denied plaintiff’s motion for a protective order, finding that plaintiff failed to meet her initial burden (see Liberty Petroleum Realty, LLC v Gulf Oil, L.P., 164 AD3d 401, 403 [1st Dept 2018]). [read post]
19 Aug 2008, 11:37 am
Accordingly, the plaintiff is collaterally estopped from relitigating those claims in the context of this legal malpractice [**3] action (see Sutton v Ezra, 224 AD2d 517, 638 N.Y.S.2d 148; Geraci v Bauman, Greene & Kunkis, 171 AD2d 454, 455, 567 N.Y.S.2d 36). [read post]
30 Apr 2010, 5:00 am by rdasgupta
The most prominent of our selection for today is 24-year old, Batson v. [read post]
22 Oct 2021, 3:36 am by Andrew Lavoott Bluestone
Since plaintiff has not met his burden of showing fraud, he has not shown any entitlement to relief under CPLR 5015(a)(3) either (see Molina v Chladek, 140 AD3d 523, 524 [1st Dept 2016]; Miller v Lanzisera, 273 AD2d 866, 868 [4th Dept 2000]). [read post]
14 Apr 2009, 9:57 am
  The court stated that from a public policy perspective the financial burden of this type of care should be borne by the tortfeasor and not the state or the chilld's parents. [read post]
26 Jul 2023, 10:51 am by James Hurt
” Claimant’s Burden of Proof and Requirements to Establish a Prima Facie Case Under the Pannu factors, to qualify as a joint inventor, “an alleged joint inventor must prove by clear and convincing evidence” that an alleged joint inventor (i) “contributed in some significant manner to the conception of the invention[,]” (ii) “made a contribution to the claimed invention that is not insignificant in quality, when that contribution is measured… [read post]
18 Jul 2014, 11:33 am by Marty Lederman
  Take the religious objection to the federal minimum wage at issue in Tony and Susan Alamo Foundation v. [read post]
8 Jan 2009, 5:42 pm by SC Divorce and Disabilty
Any parent who has ever fought a custody battle knows that child care responsibilities are a privilege, not a burden. [read post]