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18 Nov 2009, 9:33 am
There may, for example, be a clear statement in a prior published document that describes a chemical compound and how to make it, which would make a claim to that particular compound not novel. [read post]
1 Dec 2017, 4:35 am by Andrew Lavoott Bluestone
We note that “[w]hen the requirements for service of process have not been met, it is irrelevant that defendant may have actually received the documents” (Raschel v Rish, 69 NY2d 694, 697; see County of Nassau v Letosky, 34 AD3d 414, 415; Long Is. [read post]
1 Nov 2024, 6:07 am by Sean Murphy
The merits of this issue were not resolved by the Supreme Court’s 1979 decision in Goldwater v. [read post]
17 Dec 2008, 3:41 am
Since the cause of action accrued no later than May 2002 and was not interposed until June 2007, it was time-barred (see McCoy v Feinman, 99 NY2d 295, 301; Glamm v Allen, 57 NY2d 87, 93). [read post]
16 Dec 2020, 3:03 am by Andrew Lavoott Bluestone
Although Perlman’s conduct may give rise to a cause of action to recover damages for legal malpractice, it was not frivolous within the meaning of 22 NYCRR 130.1-1 (see 22 NYCRR 130-1.1 [c]; see generally Youcheng Wu v Jian Xu, 137 AD3d 1016, 1016 [2016]). [read post]
25 Jul 2018, 5:30 am by Robert Loeb
In the Guantanamo detainee case Razak Ali v. [read post]
22 Nov 2011, 3:03 am by Andrew Lavoott Bluestone
If the DeCaro defendants are found to have also committed malpractice, the Meighan defendants and the DeCaro defendants may both be liable as successive tortfeasors who each contributed to the same injury (see Schauer v Joyce, 54 NY2d 1, 6; Soussis v Lazer, Aptheker, Rosella & Yedid, P.C., 66 AD3d 993, 994-995; Khlevner v Tylo, 16 Misc 3d 1129[A]). [read post]