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9 Dec 2010, 2:09 am
Yesterday, we looked at Escape Airports (USA), Inc. v Kent, Beatty & Gordon, LLP 2010 NY Slip Op 08981 ; Decided on December 7, 2010 ; Appellate Division, First Department in which Justice Kornreich was affirmed across the board. [read post]
10 Jan 2018, 4:12 am
Defendant “may not shift to the client the legal responsibility it was specifically hired to undertake” (Escape Airports [USA], Inc. v Kent, Beatty & Gordon, LLP, 79 AD3d 437, 439 [1st Dept 2010] [internal quotation marks omitted]). [read post]
8 Dec 2021, 2:13 pm
That was a reference to the opinions by Justices Pleicones and Hearn, who wanted to change the "neutral principles" rule laid down in All Saints Waccamaw to a "complete deference to the national church" rule of Watson v. [read post]
22 Dec 2007, 7:31 am
OpinionPub DateShort Title/District 07a0486p.06 2007/12/17 USA v. [read post]
28 Dec 2020, 3:51 am
On this record, triable issues of fact exist as to whether, but for defendant’s failure to inform plaintiff’s principal that it could be locked into the sale agreement in perpetuity if it did not obtain municipal approval for redevelopment, it would not have entered into the contract as written and would have avoided litigation with the buyer who sued for specific performance (see Leggiadro, Ltd. v Winston & Strawn, LLP, 151 AD3d 413 [1st Dept 2017]; Escape… [read post]
21 Sep 2019, 9:30 am
This blog has almost (but not quite) ceased its coverage of things that are wrong with the Episcopal Church (USA), or ECUSA, as I choose to dub it. [read post]
20 Sep 2019, 4:04 pm
This blog has almost (but not quite) ceased its coverage of things that are wrong with the Episcopal Church (USA), or ECUSA, as I choose to dub it. [read post]
7 Jun 2007, 5:38 pm
Jan. 22, 2007); Balfour Beatty Rail, Inc. v. [read post]
27 Sep 2017, 4:14 am
These factual allegations, as supplemented by plaintiffs’ papers in opposition to defendant attorney’s dismissal motion, sufficiently alleged a legal malpractice claim (see generally Leon v Martinez, 84 NY2d 83, 87-88 [1994]; see Brooks v Lewin, 21 AD3d 731, 734 [1st Dept 2005], lv denied 6 NY3d 713 [2006]; Escape Airports [USA], Inc. v Kent, Beatty & Gordon, LLP, 79 AD3d 437 [1st Dept 2010]). [read post]
18 Oct 2021, 3:44 am
On this record, triable issues of fact exist as to whether, but for defendant’s failure to inform plaintiff’s principal that it could be locked into the sale agreement in perpetuity if it did not obtain municipal approval for redevelopment, it would not have entered into the contract as written and would have avoided litigation with the buyer who sued for specific performance (see Leggiadro, Ltd. v Winston & Strawn, LLP, 151 AD3d 413 [1st Dept 2017]; Escape… [read post]
30 Mar 2011, 1:22 am
Corp., 54 NY2d 18 [1981]), and plaintiff has stated, at this juncture, a cognizable claim against defendant law firm for failure to sufficiently advise it of the consequences of the tax escalation clause in the lease it eventually executed with its landlord several months after retaining defendant (see Escape Airports (USA), Inc. v Kent, Beatty & Gordon, LLP, 79 AD3d 437 [2010]). [read post]
22 Sep 2015, 2:32 pm
Beatty, who joined in the Waccamaw opinion. [read post]
8 Dec 2010, 3:01 am
Rosner v Paley, 65 NY2d 736, 738 [1985]; Zarin v Reid & Priest, 184 AD2d 385, 386-387 [1992]). [read post]
8 Mar 2018, 4:02 am
Here, viewing the complaint in the light most favorable to KWI, it sufficiently alleged that the defendant failed to exercise the ordinary reasonable skill and knowledge commonly possessed by a member of the legal profession in negotiating the 2007 settlement agreement, and that the defendant’s breach of this duty proximately caused KWI to sustain actual and ascertainable damages (see Escape Airports [USA], Inc. v Kent, Beatty & Gordon, LLP, 79 AD3d 437). [read post]
6 Jun 2009, 2:21 pm
BEATTY, INDEPENDENT EXECUTOR OF THE ESTATE OF KATHRYN V. [read post]
17 Jun 2014, 5:18 am
The Convention concluded with a "Street Party" where the CTICC Ballroom was divided into 4 different parts that contained the music and cuisine of South Africa, Greece, Mexico and New Orleans (USA) respectively. [read post]
28 Nov 2008, 12:14 pm
– Tackling music piracy in Africa (Afro-IP) Australia Patent infringement and account of profits: Black & Decker Inc v GMCA Pty Ltd (No 5) (IP Down Under) MONSTER ENERGY keeps battling: Hansen Beverage Company v Bickfords (Australia) Pty Ltd (Australian Trade Marks Law Blog) High Court provides guidance on contributory infringement provision: Northern Territory v Collins (International Law Office) PricewaterhouseCooper report… [read post]
27 Mar 2009, 7:20 am
You can separately subscribe to the IP Think Tank Global Week in Review at the Subscribe page: [duncanbucknell.com] Highlights this week included: US CAFC: Continuation limits invalid; limits on claims and RCEs are ok: Tafas v Doll (Patently-O) (Law360) (Hal Wegner) (IAM) (Patent Baristas) (Promote the Progress) (Patent Docs) (Patent Docs) (Patent Docs) (IP Spotlight) (Inventive Step) (IP Watchdog) (Washington State Patent Law Blog) (Anticipate This!) [read post]
23 Sep 2018, 4:07 pm
The Panopticon Blog has covered the case of Stunt v Associated Newspapers Ltd [2018] EWCA Civ 1780. [read post]
