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5 Mar 2012, 2:51 am by Andrew Lavoott Bluestone
A client's "self-serving, bald allegations of oral protests [a]re insufficient to raise a triable issue of fact as to the existence of an account stated" (Darby & Darby v VSI Intl., 95 NY2d 308, 315 [2000]) The part of defendants' malpractice counterclaim that dealt with the action against Edward Roski III was properly dismissed. [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]
14 Sep 2011, 4:25 am by Russ Bensing
Darby (discussed in the Case Update here), the 10th District refused to apply the doctrine to a case where the defendant shot the victim from her porch while the victim was standing on the sidewalk, and in State v. [read post]