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13 Sep 2012, 2:56 am by Andrew Lavoott Bluestone
To recover damages for legal malpractice, a plaintiff is required to show 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 attorney's breach of this duty caused the plaintiff to suffer actual and ascertainable damages (see Dombrowski v Bulson, 19 NY3d 347, 350; Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 442; McCoy v Feinman, 99… [read post]
23 May 2022, 3:58 am by Andrew Lavoott Bluestone
In light of the discretion imparted by the consent form, “the plaintiff[s’] contention that the alleged malpractice resulted in legally cognizable damages is conclusory and speculative inasmuch as it is premised on decisions that were within the sole discretion of the [hospital]” (Bua v Purcell & Ingrao, P.C., 99 AD3d at 848; see AmBase Corp. v Davis Polk & Wardwell, 8 NY3d 428, 436; Dempster v Liotti, 86 AD3d at 180; Hashmi… [read post]
20 Dec 2007, 3:59 am
(see e.g., Leder v Spiegel, 9 NY3d 836; Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438; AmBase Corp. v Davis Polk & Wardwell, 8 NY3d 428; Davis v Klein, 88 NY2d 1008; Carmel v Lunney, 70 NY2d 169). [read post]
20 Jun 2012, 3:13 am by Andrew Lavoott Bluestone
  Battaglia v Grillo  2012 NY Slip Op 31588(U) June 6, 2012  Supreme Court, Nassau County  Docket Number: 014807-10  Judge: Vito M. [read post]
1 Jun 2012, 3:30 am by Andrew Lavoott Bluestone
In order to recover damages in a legal malpractice action, a plaintiff must establish "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, [*3]Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 442 [2007], quoting McCoy v Feinman,… [read post]
17 Jan 2024, 3:36 am by Andrew Lavoott Bluestone
“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 438, 442 [2007] [citations omitted]; see Nomura Asset Capital Corp. v Cadwalader, Wickersham & Taft LLP, 26 NY3d 40, 49-50 [2015]). [read post]
2 Mar 2020, 4:51 am by Andrew Lavoott Bluestone
Plaintiff’s assertion that, had Arenas been better prepared, the jury would have returned a favorable verdict is pure speculation (Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 443 [2007]; Bookwood v Alston & Bird, LLC, 146 AD3d 662 [1st Dept 2017]. [read post]
22 Dec 2011, 3:10 am by Andrew Lavoott Bluestone
Corker & Sauer, 8 NY3d 438 442 (2007); Cummings v Donovan, 36 AD3d 648 (2 Dept 2007). [read post]
8 Jun 2020, 5:55 am by Andrew Lavoott Bluestone
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]
5 Nov 2010, 8:53 am by Christopher Bird
Each week at Wise Law Blog, we review decisions from the Ontario Court of Appeal.R. v. [read post]
14 Oct 2008, 5:55 pm
While voters have rejected public financing of stadiums in San Jose, Milwaukee, and Seattle in ballot initiatives, those teams were still able to obtain new stadiums. [31] V. [read post]
26 Jun 2019, 4:14 am by Andrew Lavoott Bluestone
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, Corker & Sauer, 8 NY3d 438, 442, 835 NYS2d 534 [2007] [internal quotations and citations omitted]). [read post]
26 Jun 2019, 4:14 am by Andrew Lavoott Bluestone
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, Corker & Sauer, 8 NY3d 438, 442, 835 NYS2d 534 [2007] [internal quotations and citations omitted]). [read post]