Search for: "Cali v Maio" Results 1 - 4 of 4
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7 Jun 2021, 5:14 am by Andrew Lavoott Bluestone
Here, accepting as true the facts alleged in the complaint, and according the plaintiff the benefit of every favorable inference (see Leon v Martinez, 84 NY2d at 87-88), the complaint failed to sufficiently allege a failure by the defendants to exercise the ordinary skill and knowledge commonly possessed by a member of the legal profession and that any breach of such duty proximately caused damages (see Cali v Maio, 189 AD3d 1337). [read post]
3 Jan 2022, 5:28 am by Andrew Lavoott Bluestone
The documents submitted by the defendants do not utterly refute the factual allegations of the complaint and do not conclusively establish a defense to the plaintiffs’ legal malpractice claim as a matter of law (see CPLR 3211[a][1]; Cali v Maio, 189 AD3d 1337, 1338; Gorunkati v Baker Sanders, LLC, 179 AD3d 904, 906). [read post]
31 Jan 2022, 3:19 am by Andrew Lavoott Bluestone
” The subject retainer, standing alone, failed to resolve conclusively all questions of fact regarding the scope of the CMM defendants’ representation as to the subject matter of the third cause of action (see Cali v Maio, 189 AD3d 1337, 1338; Shaya B. [read post]
5 Feb 2021, 3:07 am by Andrew Lavoott Bluestone
  Cali v Maio  2020 NY Slip Op 07853 Decided on December 23, 2020 Appellate Division, Second Department displays the reasoning process. [read post]