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30 Dec 2022, 5:31 am by Andrew Lavoott Bluestone
Here, although the defendant was not in privity with the estate, the evidence nevertheless established the existence of special circumstances subjecting him to liability (see Betz v Blatt, 160 AD3d at 698; Betz v Blatt, 116 AD3d at 816). [read post]
13 Apr 2018, 4:10 am by Andrew Lavoott Bluestone
A cause of action alleging a violation of Judiciary Law § 487 must be pleaded with specificity (see Betz v Blatt, 116 AD3d at 817; Putnam County Temple & Jewish Ctr., Inc. v Rhinebeck Sav. [read post]
4 Aug 2023, 6:17 am by Andrew Lavoott Bluestone
” “ Betz commenced an action against the respondent, and multiple successor attorneys who served the executor and/or the estate, in the Supreme Court, Westchester County, entitled Debra Betz, Administrator of the Estate of Carmelo Carbone (a/k/a Mel Carbone ) v Arnold Blatt, et al. [read post]
4 Jun 2019, 4:17 am by Andrew Lavoott Bluestone
“Since the defendants represented the plaintiff’s adversaries in a prior action, the causes of action alleging legal malpractice and negligence are unsupported by any duty running from the defendants to the plaintiff (see Betz v Blatt, 160 AD3d 696, 698 [2018]; Betz v Blatt, 116 AD3d 813, 815 [2014]; Gorbatov v Tsirelman, 155 AD3d 836, 840 [2017]; DeMartino v Golden, 150 AD3d 1200, 1201… [read post]
28 Aug 2019, 4:44 am by Andrew Lavoott Bluestone
“Since the defendants represented the plaintiff’s adversaries in a prior action, the causes of action alleging legal malpractice and negligence are unsupported by any duty running from the defendants to the plaintiff (see Betz v Blatt, 160 AD3d 696, 698 [2018]; Betz v Blatt, 116 AD3d 813, 815 [2014]; Gorbatov v Tsirelman, 155 AD3d 836, 840 [2017]; DeMartino v Golden, 150 AD3d 1200, 1201… [read post]
11 Apr 2019, 4:20 am by Andrew Lavoott Bluestone
” “A cause of action alleging a violation of Judiciary Law § 487 must be pleaded with specificity” (Betz v Blatt, 160 AD3d 696, 698). [read post]
17 Mar 2021, 3:02 am by Andrew Lavoott Bluestone
The same reasoning applies to any claim that RFL aided and abetted fraud (see Betz v Blatt, 160 AD3d at 700; Goel v Ramachandran, 111 AD3d 783, 792). [read post]
21 Jun 2021, 3:33 am by Andrew Lavoott Bluestone
“A cause of action alleging a violation of Judiciary Law § 487 must be pleaded with specificity” (Betz v Blatt, 160 AD3d 696, 698 [2018]; see Sammy v Haupel, 170 AD3d 1224, 1225 [2019]). [read post]
14 Jun 2021, 5:47 am by Andrew Lavoott Bluestone
The allegations concerning the deception must be pled with particularity (Betz v. [read post]
31 Jan 2019, 4:17 am by Andrew Lavoott Bluestone
” “Since the defendants represented the plaintiff’s adversaries in a prior action, the causes of action alleging legal malpractice and negligence are unsupported by any duty running from the defendants to the plaintiff (see Betz v Blatt, 160 AD3d 696, 698; Betz v Blatt, 116 AD3d 813, 815; Gorbatov v Tsirelman, 155 AD3d 836, 840; DeMartino v Golden, 150 AD3d 1200, 1201; Pasternack v… [read post]
21 Apr 2021, 4:00 am by Andrew Lavoott Bluestone
Corbett, [*2]P.C., 175 AD3d 473, 473-474 [internal quotation marks omitted]; see Katsoris v Bodnar & Milone, LLP, 186 AD3d 1504, 1505; Betz v Blatt, 160 AD3d 696, 697). [read post]
8 May 2023, 3:50 am by Andrew Lavoott Bluestone
“A cause of action alleging a violation of Judiciary Law § 487 must be pleaded with specificity” (Betz v Blatt, 160 AD3d 696, 698; see Long Is. [read post]
7 Feb 2019, 4:55 am by Andrew Lavoott Bluestone
A defendant seeking summary judgment dismissing a legal malpractice cause of action has the burden of establishing prima facie that he or she did not fail to exercise such skill and knowledge, or that the claimed departure did not proximately cause the plaintiff to sustain damages (see Iannucci v Kucker & Bruh, LLP, 161 AD3d [*2]959, 960; Betz v Blatt, 160 AD3d 696, 698). [read post]
5 Nov 2019, 4:11 am by Andrew Lavoott Bluestone
A defendant seeking summary judgment dismissing a legal malpractice cause of action has the burden of establishing prima facie that he or she did not fail to exercise such skill and knowledge, or that the claimed departure did not proximately cause the plaintiff to sustain damages (see Iannucci v Kucker & Bruh, LLP, 161 AD3d 959, 960 [2018]; Betz v Blatt, 160 AD3d 696, 698 [2018]). [read post]
10 Mar 2021, 3:45 am by Andrew Lavoott Bluestone
The allegations concerning the deception must be pled with particularity (Betz v. [read post]
20 Nov 2018, 4:22 am by Andrew Lavoott Bluestone
The allegations concerning the deception must be pled with particularity (Betz v . [read post]
5 May 2023, 6:23 am by Andrew Lavoott Bluestone
Schindler v Isller & Schrage, P.C., 262 AD2d 226 [1st Dept 1999], lv dismissed 94 NY2d 791 [1999] [plaintiff granted judgment on Judiciary Law § 487 claim as defendant law firm knowingly withheld crucial information from court in underlying action]; cf Betz v Blatt, 160 AD3d 696 [2d Dept 2018] [defendant attorney was properly denied summary dismissal of Judiciary Law § 487 claim based on allegations that he filed blatantly deficient accounting with… [read post]