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15 Mar 2021, 3:51 am
However, plaintiff fails to allege that she would not have sustained damages “but for” the defendants’ alleged negligence (see Rudolfv Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d at 442). [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 NY2d 295,… [read post]
22 Feb 2021, 6:12 am
In this circumstance, we find no basis to disturb the Civil Court’s implicit conclusion that defendant did not establish a failure by plaintiff “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 [defendant] to sustain actual and ascertainable damages” (Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 442 [2007] [internal… [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]
13 Oct 2020, 2:02 pm
Sauer Brands, Inc. is voluntarily recalling The Spice Hunter Products listed below due to the potential presence of Salmonella. [read post]
13 Oct 2020, 8:59 am
Sauer Brands, Inc. is recalling certain The Spice Hunter Products due to potential Salmonella contamination. [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 760 [2d Dept 2010]).… [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, 301-302 [2002]). [read post]
16 Jul 2020, 11:55 am
Ari Sauer is an attorney with the Siskind Susser law firm. [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]
8 Jul 2020, 11:29 am
Ari Sauer is an attorney with the Siskind Susser law firm. [read post]
29 Jun 2020, 8:06 am
(Rudolph v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438 [2007]). [read post]
25 Jun 2020, 9:15 am
Birch Bayh; Hans Sauer, the Deputy General Counsel and Vice President for Intellectual Property for the Biotechnology Innovation Organization; Jennifer Gottwald, the Senior Licensing Manager at the Wisconsin Alumni Research Foundation (WARF); and David Korn, the Vice President of Intellectual Property (IP) and Law for the Pharmaceutical Research and Manufacturers of America (PhRMA). [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 NY2d 295, 301). [read post]
12 May 2020, 11:56 am
By Ari Sauer. [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 B, 2020 NY Slip… [read post]
