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28 Jun 2011, 3:10 am by Andrew Lavoott Bluestone
"7" to Plaintiff's Opposition at p 8; see Ulico Casualty Co., v Wilson, Elser, Moskowitz, Edelman & Dicker, 56 AD3d 1 [1st Dept 2008]; Burkhart, Wexler & Hirschberg, LLP v Liberty Insurance Underwriters, Inc., 60 AD3d 884 [2d Dept 2009]). [read post]
2 May 2011, 6:04 pm by JT
., 2011 NY Slip Op 50751(U)(App. [read post]
18 Feb 2011, 3:51 am by Andrew Lavoott Bluestone
That doctrine, however, does not save defendant’s legal malpractice defense or counterclaim, as it is undisputed that plaintiff rendered no legal services to defendant after March 2004. [read post]
4 Feb 2011, 3:04 am by Andrew Lavoott Bluestone
Silberman, 15 AD3d 167[ 1 st Dept. 2005) Further, the June 10, 2008 letter conclusively establishes a defense to the malpractice claim. [read post]
19 Jan 2011, 3:06 am by Andrew Lavoott Bluestone
"As a general rule, a party does not carry its burden in moving for summary judgment by pointing to gaps in its opponent's proof, but must affirmatively demonstrate the merit of its claim or defense. [read post]
3 Jan 2011, 2:37 am by Andrew Lavoott Bluestone
Sapir has not established the existence of any defense to GSO's prima facie case, because the Guaranty contains a waiver-of-defenses provision. [read post]
27 Dec 2010, 3:00 am by Peter A. Mahler
  Matter of Piekos (Home Studios Inc.), 28 Misc 3d 1220(A), 2010 NY Slip Op 51408(U) (Sup Ct Westchester County Aug. 3, 2010), in which the court allowed a petitioner to raise an unconscionability defense to the respondents' argument that the filing of the petition triggered petitioner's obligation to offer his shares at book value as specified in the shareholders' agreement. [read post]
23 Dec 2010, 2:12 am by Andrew Lavoott Bluestone
Ackerman, 280 AD2d 355 [lst Dept 2001J;s ee also Moses & Sinqer LLP v. [read post]
22 Dec 2010, 2:00 am by Andrew Lavoott Bluestone
Rather, Lopresti’s and/or Bamundo Zwal’s own inaction caused the untimely commencement of the underlying case. [read post]
20 Dec 2010, 8:33 pm
Co. of N.Y. v Joselyn Grocery Corp., 2008 NY Slip Op 31745[U]; see also Travelers Ins. [read post]
9 Dec 2010, 3:40 pm by axd10
Wal-Mart and the Efficacy of Monolithic Class Actions. 83 U. [read post]
31 Oct 2010, 12:30 pm by Lawrence Solum
Brest's article initiated an intense theoretical debate over the merits of originalism that continues today. [read post]