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30 May 2008, 4:15 am
Moreover, Lefkowitz's failure to anticipate the 2005 appellate ruling in Ragucci, upon which plaintiffs rely (id.), would not have constituted [*2]a departure from the professional standard of care (see Darby & Darby v VSI Intl., Inc., 95 NY2d 308, 314 [2000]). [read post]
7 Nov 2017, 4:10 am by Andrew Lavoott Bluestone
” “To recover for legal malpractice, a plaintiff must demonstrate 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 attorney’s breach of this duty proximately caused actual and ascertainable damages (Darby & Darby, P.C. v VSI Inern., Inc., 95 NY2d 308 [2000]; Soni v Pryor, 139 AD3d 841, 842 [2d Dept 2016]; Global Bus. [read post]
19 Jun 2009, 4:23 am
The court dismissed the legal malpractice complaint, pursuant to CPLR 3211(a)(1), based on documentary evidence from which it concluded that the state of the law at the time the advice was given was unsettled and defendants therefore had not " failed to exercise the ordinary reasonable skill and knowledge commonly possessed by a member of the legal profession'" at that time (quoting Darby & Darby v VSI Intl., 95 NY2d 308, 313 [2000]). [read post]
1 Oct 2012, 12:06 pm
MAVERICK is based out of Seattle and owned and captained by Darby Dickerson of Port Angeles. [read post]
1 Oct 2012, 12:06 pm
MAVERICK is based out of Seattle and owned and captained by Darby Dickerson of Port Angeles. [read post]
14 Feb 2017, 5:54 am by Mark S. Humphreys
Nationwide Property & Casualty Insurance Company, (2) a 1995 Houston Court of Appeals [1st Dist.] styled, Darby v. [read post]
13 Aug 2019, 4:34 am by Andrew Lavoott Bluestone
From Glenwayne:  “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… [read post]
18 Jun 2013, 6:42 am by Guest Blogger
Dagenhart and its overruling case of Darby Lumber. [read post]
29 Jul 2011, 6:21 am by Andrew Lavoott Bluestone
Under these circumstances, we agree with Supreme Court that defendant's general claims of verbal refusals to pay did not constitute a specific objection sufficient to defeat plaintiff's cause of action for an account stated (see Darby & Darby v VSI Intl., 95 NY2d 308, 315 [2000]; J.B.H., Inc. v Godinez, 34 AD3d at 875-876; PPG Indus. v A.G.P. [read post]
1 Dec 2011, 2:40 am by Andrew Lavoott Bluestone
Initially, it is noted that inasmuch as the Plaintiff has admitted that the Attorney Defendants' sole role in the transaction was to act as her closing attorney and to assist her in acquiring title to both properties, this Court finds that this transaction was a garden variety real estate transaction that does not require the Attorney Defendants on the instant motions to furnish expert affidavits to establish that they did not breach any standard of professional care (Darby &… [read post]