Search for: "Boglia v Greenberg"
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14 Jul 2009, 5:08 am
In Boglia v Greenberg ; 2009 NY Slip Op 05278 ; Decided on June 23, 2009 ; Appellate Division, Second Department wee see a successful opposition to summary judgment based upon a claim of failure to report a settlement offer to plaintiff. [read post]
8 Sep 2009, 3:24 am
In "Boglia, v Greenberg, et al., ; SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT;2009 NY Slip Op 5278; 63 A.D.3d 973; 882 N.Y.S.2d 215; 2009 N.Y. [read post]
14 Jun 2012, 3:15 am
The Supreme Court also properly determined that although the defendant Miller, Rosado & Algios, LLP, established its prima facie entitlement to judgment as a matter of law dismissing the legal malpractice cause of action insofar as asserted by the respondents against it, the respondents raised triable issues of fact in opposition (see Silva v Worby, Groner, Edelman, LLP, 54 AD3d 634; see also Conklin v Owen, 72 AD3d 1006, 1007; Nelson v Roth, 69 AD3d 912, 913;… [read post]
19 May 2011, 2:56 am
Accordingly, the Supreme Court properly dismissed the first cause of action alleging legal malpractice asserted against those defendants (see Boone v Bender, 74 AD3d 1111, 1112-1113; Boglia v Greenberg, 63 AD3d 973, 974; Kotzian v McCarthy, 36 AD3d 863). [read post]
29 Oct 2019, 4:23 am
With respect to the biofuel cause of action, defendant met his initial burden on the cross motion by establishing that plaintiff’s allegations of damages are entirely speculative (see Lincoln Trust v Spaziano, 118 AD3d 1399, 1401 [4th Dept 2014]; Bua v Purcell & Ingrao, P.C., 99 AD3d 843, 848 [2d Dept 2012], lv denied 20 NY3d 857 [2013]), and thus plaintiff is “unable to prove at least one of the essential elements of [his] legal malpractice cause of… [read post]
13 Jan 2010, 3:20 am
However, the second cause of action, alleging that the defendant charged an excessive fee, was not duplicative of the first cause of action, and should not have been dismissed (see Boglia v Greenberg, 63 AD3d 973, 976). [read post]
23 Mar 2011, 3:45 am
Plaintiff also alleges sufficiently that Curtin mishandled the Gallegos in-house complaint and failed to apprise her of Gallegos's early settlement demand in the amount of $50,000 (see Boglia v Greenberg, 63 AD3d 973, 975 [2009]). [read post]
1 Aug 2019, 4:05 am
With respect to the biofuel cause of action, defendant met his initial burden on the cross motion by establishing that plaintiff’s allegations of damages are entirely speculative (see Lincoln Trust v Spaziano, 118 AD3d 1399, 1401 [4th Dept 2014]; Bua v Purcell & Ingrao, P.C., 99 AD3d 843, 848 [2d Dept 2012], lv denied 20 NY3d 857 [2013]), and thus plaintiff is “unable to prove at least one of the essential elements of [his] legal malpractice cause of… [read post]
21 Apr 2010, 3:23 am
To succeed on a motion for summary judgment dismissing the complaint in a legal malpractice action, the defendant must present evidence in admissible form establishing that the plaintiff is unable to prove at least one essential element of his or her cause of action alleging legal malpractice (see Boglia v Greenberg, 63 AD3d 973, 974; Fasanella v Levy, 27 AD3d 616; Suydam v O'Neill, 276 AD2d 549, 550). [read post]
17 May 2011, 3:03 am
To succeed on a motion for summary judgment dismissing a counterclaim for legal malpractice, a plaintiff "must demonstrate that the [defendant] is unable to prove at least one of the essential elements of its legal malpractice cause of action" (Boglia v Greenberg, 63 AD3d 973, 974 [2009]; see Kotzian v McCarthy, 36 AD3d 863 [2007]). [read post]
