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1 Dec 2023, 3:31 am by Andrew Lavoott Bluestone
As such, defendants submitted undisputed documentary evidence that conclusively establishes a defense as a matter of law (see Matter of Lewis v Dagostino, 199 AD3d at 1222-1223; Jenkins v Jenkins, 145 AD3d 1231, 1235-1236 [3d Dept 2016]). [read post]
15 Dec 2021, 4:11 am by Andrew Lavoott Bluestone
However, there is now uniformity among the Federal Courts of Appeals, which have held that pursuant to section 541(a) of the Bankruptcy Code, a claim which arose after the filing of a bankruptcy petition belongs to the debtor and not the estate (Davidkin v Rizzuto, 55 Misc 3d 528 [Sup Ct, Kings County 2017]; see Cadle Co. v Schlichtmann, 267 F3d 14 [1st Cir 2001], cert denied 535 US 1018 [2002]; In re Jackson, 593 F3d 171 [2d Cir 2010]; In re… [read post]
22 Apr 2013, 11:58 am by Christopher G. Hill
As always, read the full opinion yourself and draw your own conclusions. [read post]
24 Aug 2015, 6:07 am
  On July 8, King e-mailed Thomson,`I have received a response. [read post]
19 Feb 2019, 4:18 am by Andrew Lavoott Bluestone
However, “[t]he continuous representation doctrine serves to toll the statute of limitations and render timely an otherwise time-barred cause of action for legal malpractice, but only where there is a mutual understanding of the need for further representation on the specific subject matter underlying the malpractice claim'” (King Tower Realty Corp. v G & G Funding Corp., 163 AD3d 541, 543, quoting McCoy v Feinman, 99 NY2d at 306; see Alizio… [read post]
10 Feb 2020, 4:36 am by Andrew Lavoott Bluestone
However, “[t]he continuous representation doctrine serves to toll the statute of limitations and render timely an otherwise time-barred cause of action for legal malpractice, but ‘only where there is a mutual understanding of the need for further representation on the specific subject matter underlying the malpractice claim’ ” (King Tower Realty Corp. v G & G Funding Corp., 163 AD3d 541, 543 [2018], quoting McCoy v Feinman, 99 NY2d… [read post]
7 Feb 2019, 4:55 am by Andrew Lavoott Bluestone
“In January 2012, the plaintiff purchased a penthouse apartment on the seventh floor of a condominium located at 390 Kings Highway in Brooklyn. [read post]
5 Nov 2019, 4:11 am by Andrew Lavoott Bluestone
“In January 2012, the plaintiff purchased a penthouse apartment on the seventh floor of a condominium located at 390 Kings Highway in Brooklyn. [read post]
8 Nov 2022, 9:18 am by Florian Mueller
I wouldn't read too much into the fact that Microsoft didn't offer commitments during the Phase 1 reviews in the EU and the UK. [read post]
13 Oct 2020, 9:05 pm by Dan Flynn
Of course, I know everything I read in — I read in the Albany Herald, and I read it in all of our trade magazines. [read post]
13 Sep 2012, 3:18 pm
"Now is the winter of our discontent", said the recently unearthed King Richard III. [read post]