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5 Mar 2012, 11:35 am
Juno Mother Earth Asset Management LLC (SD NY, Dkt. [read post]
5 May 2011, 12:25 am
Practice point: Service of the notice within 90 days after accrual of the claim is a condition precedent for commencing a tort action against the defendant town, pursuant to General Municipal Law §§ 50-e[1][a], 50-i[1]. [read post]
1 Feb 2011, 1:23 am
Egon Linzenberg, Hillburn, NY, was sentenced by County Court Judge Victor J. [read post]
7 Oct 2008, 11:19 am
Plaintiff unsuccessfully defended a CPLR 3211 motion brought by attorney group number 1 in a legal malpractice case. [read post]
26 Jan 2011, 12:44 am
Practice point: To vacate a default judgment, defendant must demonstrate a reasonable excuse, and a potentially meritorious defense, pursuant to CPLR 5015[a][1]. [read post]
26 Mar 2010, 2:12 pm
Term 2d Dept. 2010) 1. [read post]
29 Dec 2011, 12:07 am
Practice point: A cause of action sounding in breach of fiduciary duty must be pleaded with the particularity required by CPLR 3016(b).Student note: The elements of a cause of action to recover damages for breach of fiduciary duty are (1) the existence of a fiduciary relationship; (2) misconduct by the defendant; and (3) damages directly caused by the defendant's misconduct.Case: Armentano v. [read post]
28 Dec 2010, 12:47 am
Students should note that serving a timely notice of claim is a condition precedent for commencing an action against a defendant-municipality, pursuant to General Municipal Law §§ 50-e[1][a], 50-i[1][a]. [read post]
12 Jun 2012, 10:51 am
Tyson v Nazarian, 2012 NY Slip Op 04459 (4th Dept. 2012) I think a case like this probably explains on some level the 1% rule in no-fault verses the “exacerbation” rule in the 5102(d) context. [read post]
20 Feb 2009, 5:46 am
"The Court of Appeals answered an aspect of this question yesterday in People v Guerrero , 2009 NY Slip Op 01242.The defendant pleaded guilty to murder in the second in exchange for a sentence of 19 years to life. [read post]
27 Jun 2011, 4:05 am
“The legislature’s use of broad language in K.S.A. 22-2502(a)(1) of ‘[a]ny things which have been used in the commission of a crime’ and ‘any property which constitutes or may be considered a part of the evidence,’ gave the district court jurisdiction to issue a search warrant in this case for samples of the defendant's blood, hair, buccal cells, and fingerprints. [read post]
7 Nov 2009, 2:36 pm
We have experienced New York Criminal Attorneys ready to help you defend yourself and offer a free consultation at 1-800-NYNY-LAW (1-800-696-9529). [read post]
20 Feb 2009, 5:46 am
"The Court of Appeals answered an aspect of this question yesterday in People v Guerrero , 2009 NY Slip Op 01242.The defendant pleaded guilty to murder in the second in exchange for a sentence of 19 years to life. [read post]
20 Feb 2009, 5:46 am
"The Court of Appeals answered an aspect of this question yesterday in People v Guerrero , 2009 NY Slip Op 01242.The defendant pleaded guilty to murder in the second in exchange for a sentence of 19 years to life. [read post]
8 May 2007, 4:43 pm
In People v Rosas, 2007 NY Slip Op 03957, the defendant broke into the apartment of his former girlfriend and shot her and her husband to death as they slept in their bed. [read post]
28 Jun 2007, 1:39 pm
Following on the heels of Site Pro-1 v. [read post]
4 Jul 2016, 2:10 pm
The opinion begins by explaining that[t]he defendant is charged by indictment with Robbery in the First Degree, Penal Law [`PL’] §160.15(1) and Criminal Possession of a Weapon in the Third Degree, PL §265.02(1). [read post]
7 Sep 2012, 2:40 pm
In 215 African & Hispanic American Realty of NY, LLC v Air Chef[1] the court decided that a traverse hearing was not needed. [read post]
16 Oct 2012, 3:58 am
As an example, Basilotta v Warshavsky ; 2011 NY Slip Op 32185(U); August 2, 2011; Sup Ct, NY County; Docket Number: 115525/09; Judge: Paul Wooten shows how the short CA statute of limitations (1 year) undermines the longer NY statute (3 years). [read post]
13 Apr 2011, 12:29 am
Realty Corp., NY Slip Op 02785 (1st Dept. 2011). [read post]
