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17 Jun 2022, 3:44 am by Andrew Lavoott Bluestone
” “It is well settled that “[a]n attorney may not be held liable for failing to act outside the scope of the retainer” (Genesis Merchant Partners, L.P. v Gilbride, Tusa, Last & Spellane, LLC, 157 AD3d 479,482 [1st Dept 2018], citingAmbase Corp. v Davis Polk & Wardell, 8 NY3d 428 [2007]). [read post]
7 Jan 2019, 8:01 pm by The Clinton Law Firm
This claim fails because plaintiff’s various successor counsel had ample time and opportunity to make such a motion, and in fact one did (although it was purportedly abandoned) (see Davis v Cohen & Gresser, LLP, 160 AD3d 484, 487 [1st Dept 2018]). [read post]
13 Oct 2011, 2:24 pm by Andrew Lavoott Bluestone
Leder v Spiegel, 9 NY3d 836 [2007]; Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438 [2007]; AmBase Corp. v Davis Polk & Wardwell, 8 NY3d 428 [2007]; Davis v Klein, 88 NY2d 1008 [1996]; Carmel v Lunney, 70 NY2d 169 [1987]). [read post]
28 Mar 2011, 2:10 am by Andrew Lavoott Bluestone
AmBase Corp. v Davis Polk & Wardwell, 8 NY3d 428, 435-436 [2007]; Orchard Motorcycle Distribs., Inc. v Morrison Cohen Singer & Weinstein, LLP, 49 AD3d 292 [2008]). [read post]
12 Feb 2010, 3:43 am by Andrew Lavoott Bluestone
Moreover, defendant failed to show that "but for" plaintiff's alleged negligence defendant would have obtained a more favorable result in the underlying landlord-tenant proceeding or would have successfully sold his business to a third-p[*2]arty (see AmBase Corp. v Davis Polk & Wardell, 8 NY3d 428 [2007]; Davis v Klein, 88 NY2d 1008 [1996]). [read post]
12 May 2023, 5:11 am by Andrew Lavoott Bluestone
; see also Davis v Cohen & Gresser, LLP, 160 AD3d 484, 486 [1st Dept 2018], lv denied 32 NY3d 911 [2018]). [read post]