Search for: "Barbara King Family Trust v Voluto Ventures LLC"
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2 Nov 2011, 3:05 am
" Res judicata grounds "To prevail in this legal malpractice action, plaintiff would have to show that but for defendant's negligence he would have obtained a better result in the underlying accounting action (Barbara King Family Trust v Voluto Ventures LLC, 46 AD3d 423, 424 [2007]). [read post]
8 Jan 2021, 3:30 am
“To recover damages for legal malpractice, the plaintiff must establish that the attorney (1) “failed to exercise that degree of care, skill and diligence commonly possessed and exercised by a member of the legal community” and (2) that “such negligence was a proximate cause of the loss in question” (Barbara King Family Trust v Voluto Ventures LLC, 46 AD3d 423, 424 [1st Dept 2007]). [read post]
4 Jan 2021, 3:06 am
“The jury’s verdict that defendant did not commit legal malpractice rested on a fair interpretation of the evidence (see KBL, LLP v Community Counseling & Mediation Servs., 123 AD3d 488, 489 [1st Dept 2014]; Barbara King Family Trust v Voluto Ventures LLC, 46 AD3d 423, 424 [1st Dept 2007]). [read post]
12 Apr 2021, 5:10 am
Defendant’s conclusory allegations that plaintiff law firm failed to prepare for trial and gather evidence in her matrimonial action do not state a cause of action for legal malpractice (see Barbara King Family Trust v Voluto Ventures LLC, 46 AD3d 423, 424 [1st Dept 2007]; see generally Rosner v Paley, 65 NY2d 736, 738 [1985] [attorney’s “selection of one of among several reasonable courses of… [read post]
7 Jul 2010, 3:28 am
Summary judgment dismissing the entire legal malpractice action was correctly granted [*2]because CAIB failed to present evidence in admissible form sufficient to raise a triable issue of fact as to proximate cause, which requires a showing that Chadbourne's alleged failure to warn it of potential criminal consequences of its use of the SP Structure proximately caused reasonably ascertainable damages (see AmBase Corp. v Davis Polk & Wardwell, 8 NY3d 428, 434 [2007];… [read post]
2 Oct 2018, 4:14 am
(See Barbara King Family Trust v Voluto Ventures LLC, 46 AD3d 423, 424 [1st Dept 2007].) [read post]
8 Jun 2020, 5:55 am
“Proximate cause requires a showing that ‘but for’ the attorney’s negligence, the plaintiff would . . . not have sustained any ascertainable damages” (Barbara King Family Trust v Voluto Ventures LLC, 46 AD3d 423, 424 [1st Dept 2007]). [read post]
3 Apr 2018, 4:21 am
”); Barbara King Family Trust v Voluto Ventures LLC, 46 AD3d 423, 424-25 (1st Dept 2007) (“mere speculation” insufficient to demonstrate proximate cause). [read post]
