Search for: "Sauer v. Sauer"
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25 Apr 2011, 1:48 am
Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 442, 835 N.Y.S.2d 534 [2007]). [read post]
8 Mar 2018, 4:02 am
Kliger-Weiss Infosystems, Inc. v Ruskin Moscou Faltischek, P.C. [read post]
1 Dec 2011, 2:40 am
Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 442 [2007]; Bilin v. [read post]
28 Sep 2022, 2:06 am
Plaintiff must also “show that the attorney was the proximate cause of his or her conviction” (Britt v Legal Aid Socy., 95 NY2d 443, 446 [2000]; see Dombrowski v Bulson, 19 NY3d 347, 350-351 [2012]). [read post]
18 Dec 2023, 3:25 am
Conklin, who represented plaintiff in an underlying action alleging accounting malpractice, among other things, were entitled to dismissal of the complaint given that plaintiff failed to allege that defendants were negligent or that they proximately caused any damages (see Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 442 [2007]; Fielding v Kupferman, 65 AD3d 437, 442 [1st Dept 2009]). [read post]
19 Jan 2009, 3:11 am
Sauer Bros. [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]
24 Jul 2019, 4:53 am
”” Rudolph v Shayne Dachs Stanisci, Corker & Sauer, 8 NY 3d 438, 443 (2007) (internal citation omitted), such potential damage cannot save plaintiff’s claim here because the damages that allegedly were proximately caused by the alleged malpractice are unknown. [read post]
23 Oct 2017, 4:11 am
” In an op-ed for The Hill, Charles Sauer looks at Oil States Energy Services v. [read post]
15 Jun 2018, 4:42 am
“Damages in a legal malpractice case . . . may include litigation expenses incurred in an attempt to avoid, minimize, or reduce the damage caused by the attorney’s wrongful conduct” (Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 443 [internal quotation marks omitted]). [read post]
29 Apr 2010, 1:52 am
[See, e.g., Rudolf v. [read post]
3 Oct 2022, 6:43 am
“Damages in a legal malpractice case are designed to ‘make the injured client whole’ ” (Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 443 [2007], quoting Campagnola v Mulholland, Minion & Roe, 76 NY2d 38, 42 [1990]), and defendants failed to meet their initial burden of establishing that decedent’s estate did not sustain any damages or that any damages were speculative (cf. [read post]
7 Sep 2022, 5:32 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 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… [read post]
28 Apr 2021, 3:41 am
” Rudolph v Shayne, Dachs, Stanisci, Corker &Sauer, 8 NY3d 438, 443 (2007). [read post]
3 Aug 2022, 4:37 am
Supreme Court properly dismissed plaintiff’s legal malpractice cause of action in the original complaint because he failed to allege that “but for” defendant’s negligent conduct, he would have prevailed in the underlying action (Weil, Gotshal & Manges, LLP v Fashion Boutique of Short Hills, Inc., 10 AD3d 267, 272 [1st Dept 2004]; see Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 442 [2007]). [read post]
12 Aug 2010, 4:00 am
Read the decision at: Sauer v. [read post]
29 Apr 2019, 4:40 am
The complaint further alleges that the defendant’s negligence proximately caused the plaintiffs to sustain actual and ascertainable damages in lost rent and in settling the action brought by the Hive, and thus, validly states a cause of action to recover damages for legal malpractice (see Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d at 443; Bua v Purcell & Ingrao, P.C., 99 AD3d 843, 847; Wolstencroft v Sassower, 124 AD2d 582). [read post]
12 Oct 2022, 4:52 am
Supreme Court properly dismissed plaintiff’s legal malpractice cause of action in the original complaint because he failed to allege that “but for” defendant’s negligent conduct, he would have prevailed in the underlying action (Weil, Gotshal & Manges, LLP v Fashion Boutique of Short Hills, Inc., 10 AD3d 267, 272 [1st Dept 2004]; see Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 442 [2007]). [read post]
2 Oct 2018, 4:14 am
” (Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 443 [2007] (quotations omitted).) [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]
