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2 Feb 2022, 4:00 am by Administrator
However, to date no unifying test has been identified for determining when concurrent personal liability will be imposed for corporate torts: Hall v Stewart, 2019 ABCA 98 at para. 18, 82 Alta LR (6th) 233, citing Hogarth v Rocky Mountain Slate Inc., 2013 ABCA 57 at paras. 112-3, 75 Alta LR (5th) 295, 542 AR 289; S. [read post]
15 May 2024, 10:00 am by Public Employment Law Press
Corp., 18 NY3d 499, 503 [2012]), the custodian engineer's generalized testimony that she would regularly test the door and determine that it was functioning safely and properly, by itself and without any expert analysis, failed to establish, prima facie, defendant's entitlement to judgment as a matter of law (see Lugo v Belmont Blvd. [read post]
15 May 2024, 10:00 am by Public Employment Law Press
Corp., 18 NY3d 499, 503 [2012]), the custodian engineer's generalized testimony that she would regularly test the door and determine that it was functioning safely and properly, by itself and without any expert analysis, failed to establish, prima facie, defendant's entitlement to judgment as a matter of law (see Lugo v Belmont Blvd. [read post]
28 Nov 2018, 4:00 am by Public Employment Law Press
Supreme Court transferred the matter to the Appellate Division, which affirmed the Sheriff's decision.Citing Matter of Kuznia v Adams, 106 AD3d 1227, the court explained that "The standard of review to be applied in reviewing an administrative determination made pursuant to Civil Service Law §75 is whether the determination is supported by substantial evidence in the record as a whole. [read post]
28 Nov 2018, 4:00 am by Public Employment Law Press
Supreme Court transferred the matter to the Appellate Division, which affirmed the Sheriff's decision.Citing Matter of Kuznia v Adams, 106 AD3d 1227, the court explained that "The standard of review to be applied in reviewing an administrative determination made pursuant to Civil Service Law §75 is whether the determination is supported by substantial evidence in the record as a whole. [read post]
17 Jan 2012, 6:34 am
Morgan Investment Management, Inc., seeking a court determination that New York State’s Martin Act (General Business Law Art. 23-A) would preempt a victimized investor’s common law causes of action for breach of fiduciary duty and gross negligence. [read post]
15 Jan 2012, 9:00 pm
Morgan Investment Management, Inc., seeking a court determination that New York State’s Martin Act (General Business Law Art. 23-A) would preempt a victimized investor’s common law causes of action for breach of fiduciary duty and gross negligence. [read post]
24 Jan 2019, 12:08 am by INFORRM
The point is well summarised in Ms Stocker’s Grounds of Appeal [pdf], at paragraph 7: The determination of meaning is often determinative of the outcome of the claim. [read post]