Search for: "Matter of McCoy v McCoy"
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14 Jun 2010, 2:39 am
Levinson failed to demonstrate that the plaintiff knew or should have known that Levinson had stopped representing him in the matter more than three years before the action was commenced (cf. [read post]
22 Feb 2011, 11:32 am
McCoy, III, v. [read post]
13 Sep 2012, 2:56 am
Further, a motion pursuant to CPLR 3211(a)(1) may be granted "only where the documentary evidence utterly refutes plaintiff's factual allegations, conclusively establishing a defense as a matter of law" (Goshen v Mutual Life Ins. [read post]
3 Sep 2020, 6:17 am
Harbison or McCoy v. [read post]
19 Jun 2012, 2:00 am
Cir. 1959) and Home Box Office v. [read post]
8 Dec 2017, 12:07 pm
It remitted the matter fo [read post]
8 Dec 2017, 12:07 pm
It remitted the matter fo [read post]
26 Jun 2011, 12:27 pm
McCoy, Dkt. [read post]
13 May 2019, 4:12 am
In an action to recover damages for legal malpractice, “a plaintiff must establish 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 the plaintiff to sustain actual and ascertainable damages ***” ( Island Properties & Equities, LLC v Cox, 93 AD3d 639, 640 [2d Dept 2012]; McCoy v Feinman, 99 NY2d 295… [read post]
20 Sep 2023, 5:29 am
“At this pre-discovery stage of the present litigation, th[is] submissio[n] do[es] not meet the CPLR 3211 (a) (1) requirement of conclusively establishing [the] defense as a matter of law” (IMO Indus. v Anderson Kill & Glick, 267 AD2d 10, 11 [1 stDept 1999]). [read post]
27 Feb 2018, 4:15 am
In opposition, plaintiffs argue that the continuous representation doctrine applies to· Todtman Nachamie (McCoy v Feinman, 99 NY2d 295, 306 [2002]). [read post]
11 Sep 2023, 7:46 am
(McCoy vFeinman, 99 NY2d 295, 306 [2002] [“The continuous representation doctrine tolls thestatute of limitations only where there is a mutual understanding of the need for further representation on the specific subject matter underlying the malpractice claim. [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,… [read post]
26 Feb 2016, 9:04 am
Marsh, 518 So. 2d 1227, 1228 (Miss. 1988); McCoy v. [read post]
6 Jan 2016, 5:08 pm
It is United States v. [read post]
2 Feb 2011, 4:28 pm
., Appellant, v. [read post]
12 Jul 2014, 4:27 am
This post discussed Sawaf v. [read post]
16 Mar 2018, 4:06 am
What is important is when the malpractice was committed, not when the client discovered it” (McCoy v Feinman, 99 NY2d 295, 301, 755 NYS2d 693 [2002]). [read post]
5 Feb 2021, 3:07 am
“To succeed on a motion to dismiss based upon documentary evidence pursuant to CPLR 3211(a)(1), the documentary evidence must utterly refute the plaintiff’s factual allegations, conclusively establishing a defense as a matter of law” (Gould v Decolator, 121 AD3d 845, 847; see Leon v Martinez, 84 NY2d 83, 88). [read post]
