Search for: "U S Dept of Defense"
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23 Oct 2019, 4:18 am
NYC Health & Hosps., Corp .. 305 AD2d 634. 759 NYS2d 888 [2d Dept 2003]). [read post]
16 Oct 2019, 5:02 am
In a stark turnabout, Gross v Aronson, Mayefsky & Sloan, LLP 2019 NY Slip Op 32972(U) October 9, 2019 Supreme Court, New York County Docket Number: 153274/2017 Judge: Anthony Cannataro illustrates the compelling defense given to prior counsel when successor counsel takes over and fails to fix a problem facing the first attorney. [read post]
25 Sep 2019, 4:25 am
To the extent that Hill’s affidavit annexes a proposal purportedly accepted ·by plaintiffs, the proposal is unsigned and does not establish a defense, as a matter of law, to plaintiffs’ claims of malpractice (Exhibit 1 to Hill Affidavit). [read post]
8 Sep 2019, 9:17 pm
Department of Defense’s recent release of its draft Cybersecurity Maturity Model Certification (“CMMC”) for public comment. [read post]
8 Aug 2019, 4:30 am
Franc Perry illustrates how a claim of fraudulent concealment affects a statute of limitations defense. [read post]
7 Aug 2019, 4:17 am
Thus, the doctrine is not applicable to a client’s or patient’s continuing general relationship with a lawyer or physician involving only routine contact for miscellaneous legal representation or medical care, unrelated to the matter upon which the allegations of malpractice are predicated. [read post]
5 Jun 2019, 3:54 am
Fil em yr’ s representation, there would have been a more favorable outcome in the underlying action (see Dweck Law Firm, LLP v Mann, 283 AD2d 292, 293 [1st Dept 2001]). [read post]
24 May 2019, 4:36 am
Plaintiff asserts five affirmative defenses in its response to the counterclaims. [read post]
20 May 2019, 9:18 am
Co., 49 A.D.2d 250 (4th Dept. 1974) (distinguishing manufacturing and design defects, and pe [read post]
14 May 2019, 4:25 am
Fine Art Ltd. v Lacher, 115 AD3d 600, 601 (1st Dept 2014) (finding that “[p]laintiffs’ claims of excessive billing and related conduct, which actions [were] not alleged to have adversely affected their claims or defenses in the underlying action, [did] not state a claim for legal malpractice”); see also Gottlieb, Rackman & Reisman, P. [read post]
1 May 2019, 4:31 am
For the continuous representation doctrine to apply, “there must be clear indicia of an ongoing, continuous, developing, and dependent relationship between the client and the attorney which often includes an attempt by the attorney to rectify an alleged act of malpractice” (Luk Lamellen U Kupplungbau GmbH v Lerner, 166 AD2d 505, 507 [2d Dept 1990]). [read post]
15 Apr 2019, 5:11 am
” “Here, S M Tam Architect has come forward with documentary evidence that conclusively establishes a defense as a matter of law, under CPLR § 3211(a)(1), and has shown that the complaint fails to state a cause of action against it, under CPLR § Here, S M Tam Architect has come forward with documentary evidence that conclusively establishes a defense as a matter of law, under CPLR § 3211(a)(1), and has shown that… [read post]
12 Apr 2019, 4:26 am
Assocs. (215 AD2d 214, 215 [1st Dept 1995)), the Court dismissed a cause of action against an attorney who allegedly lied to the Civil Court to obtain a judgment in a landlord-tenant dispute that defeated a tenant’s constructive eviction defense. [read post]
14 Mar 2019, 3:53 am
Markham’s defense that it was Mr. [read post]
13 Mar 2019, 4:42 am
Ortiz, 112 AD3d 543 [1st Dept 2013]). [read post]
28 Feb 2019, 4:06 am
Lawfirm hired leading legal malpractice defense firm to defend it. [read post]
22 Jan 2019, 3:45 am
In the heart of the decision, the Court held: [U]nder the totality of the circumstances, a remedy short or other than dissolution constitutes a feasible means of satisfying both petitioner’s expectations and the rights and interests of the other shareholder. [read post]
5 Nov 2018, 4:02 am
Fine Art Ltd. v Lacher, 115 AD3d 600, 601 (1st Dept 2014) (“Plaintiffs’ claims of excessive billing and related conduct, which actions are not alleged to have adversely affected their [sic] claims or defenses in the underlying action, do not state a claim for legal malpractice. [read post]
18 Oct 2018, 4:51 am
West 108’s statement of the law is correct. [read post]
1 Oct 2018, 3:40 am
In Matter of Yu v Bong Yu, 2018 NY Slip Op 32009(U) [Sup Ct, NY County Aug. 15, 2018], the court considered the important but novel question of what impact, if any, does a shareholder’s assignment of voting rights under a stock pledge agreement have on his or her standing to sue for statutory dissolution of the business as well as under the common law. [read post]