Search for: "Sauer v. Sauer"
Results 61 - 80
of 209
Sort by Relevance
|
Sort by Date
15 Mar 2021, 3:51 am
Not in Drasche v Edelman & Edelman, P.C. [read post]
3 Mar 2021, 3:43 am
“In an action to recover damages for legal malpractice, a plaintiff must demonstrate that the 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 proximately caused plaintiff to sustain actual and ascertainable damages” (Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 442, quoting McCoy v Feinman, 99… [read post]
22 Feb 2021, 6:12 am
Edelman v Poster, 72 AD3d 182 [2010]). [read post]
5 Feb 2021, 3:07 am
“To establish causation, a plaintiff must show that he or she would have prevailed in the underlying action or would not have incurred any damages, but for the lawyer’s negligence” (Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d at 442). [read post]
28 Dec 2020, 3:51 am
Plaintiff’s alleged damages, as they relate to legal expenses defending the specific performance action, may be found to be proximately related to defendant’s negligent advice related to the issue of the contingency clause (see Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d at 443). [read post]
16 Oct 2020, 5:00 am
In the case of Sauers v. [read post]
15 Oct 2020, 4:07 am
Shayne, Dachs, Stanisci, Corker & Sauer, 8 N.Y.3d 438, 442-43 (2007); Exeter Law Group v. [read post]
3 Aug 2020, 4:00 am
In an action to recover damages for legal malpractice, a plaintiff must demonstrate that the 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 proximately caused the plaintiff to sustain actual and ascertainable damages (see Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 442 [2007]; Von Duerring v Hession & Bekoff, 71 AD3d… [read post]
17 Jul 2020, 6:08 am
To state a cause of action for legal malpractice, the plaintiff must allege 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 plaintiff to sustain actual and ascertainable damages” (Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 442 [2007], quoting McCoy v Feinman, 99 NY2d 295,… [read post]
13 Jul 2020, 5:03 am
Nonetheless, plaintiff fails to show that it would not have incurred any damages but for defendant’s alleged negligence (see Rudolf v Shayne, Dachs, Corker & Sauer, 8 NY3d 438, 442 [2007] [internal quotations and citations omitted]). [read post]
29 Jun 2020, 8:06 am
(Rudolph v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438 [2007]). [read post]
8 Jun 2020, 5:55 am
To succeed on a legal malpractice claim, a plaintiff must demonstrate “(1) that the attorney was negligent; (2) that such negligence was a proximate cause of plaintiff’s losses; and (3) proof of actual damages” (Global Business Inst. v Rivkin Radler LLP, 101 AD3d 651, 651 [1st Dept 2012]; see also, Rudolph v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438 [2007]). [read post]
26 May 2020, 4:30 am
“”In an action to recover damages for legal malpractice, a plaintiff must demonstrate that the 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 proximately caused plaintiff to sustain actual and ascertainable damages” (Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 442, quoting McCoy v Feinman, 99… [read post]
11 May 2020, 5:41 am
” “To recover damages for legal malpractice, a plaintiff must demonstrate that (1) the attorney Afailed to exercise the ordinary reasonable skill and knowledge commonly possessed by a member of the legal profession,@ and (2) that the attorney=s action or inaction proximately caused plaintiff to sustain Aactual and ascertainable damages (Rudolph v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 442 [2007]; see also Gorunkati v Baker Sanders, LLC, B AD3d… [read post]
19 Mar 2020, 7:02 am
But, the court declined to upset a nearly 50-year consensus holding otherwise, and, in any event, was saved from doing so by the fact that the complaint failed to plead fraud with the required particularity (Auctus Fund, LLC v. [read post]
2 Mar 2020, 4:51 am
Plaintiff’s assertion that, had Arenas been better prepared, the jury would have returned a favorable verdict is pure speculation (Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 443 [2007]; Bookwood v Alston & Bird, LLC, 146 AD3d 662 [1st Dept 2017]. [read post]
27 Feb 2020, 8:21 am
SIG Sauer, Inc., 17-CV-483-JD, 2020 WL 905534, at *4 (D.N.H. [read post]
10 Feb 2020, 4:36 am
Here, the defendants established that the plaintiffs’ legal malpractice cause of action was time-barred, as it accrued on June 24, 2009, at the conclusion of the closing (see Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 442 [2007]). [read post]
20 Nov 2019, 4:27 am
“To establish causation, a plaintiff must show that he or she would have prevailed in the underlying action or would not have incurred any damages, but for the lawyer’s negligence” (Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d at 442; see Davis v Klein, 88 NY2d 1008, 1009 [1996]). [read post]
8 Oct 2019, 4:39 am
The allegations in the complaint establish that but for defendants’ conduct in withdrawing the appeal from Justice Ecker’s ruling, and in sending a different lawyer than the one promised to represent him at the reinstatement hearing, he would not have incurred damages (see Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 442 [2007]; see Weil, Gotshal & Manges, LLP v Fashion Boutique of Short Hills, Inc., 10 AD3d 267, 271-272 [1st Dept… [read post]
