Search for: "Dempster v Liotti"
Results 1 - 19
of 19
Sorted by Relevance
|
Sort by Date
13 Jun 2011, 12:18 am
Dempster v. [read post]
2 Jun 2011, 2:36 am
In Dempster v Liotti ; 2011 NY Slip Op 04408 ; Decided on May 24, 2011 ; Appellate Division, Second Department ; Belen, J. we see a prime example. [read post]
13 Dec 2021, 3:06 am
The plaintiff must plead actual ascertainable damages resulting from the attorney’s negligence (see Katsoris v Bodnar & Milone, LLP, 186 AD3d at 1506; Dempster v Liotti, 86 AD3d at 177). [read post]
28 Jun 2019, 6:03 am
Plaintiff did not allege “actual, ascertainable damages” incurred by plaintiff’s decedent “as a result of an attorney’s negligence” (Dempster v Liotti, 86 AD3d 169, 177 [1st Dept 2011]; see Humbert v Allen, 89 AD3d 804, 806 [2d Dept 2011]). [read post]
28 Jun 2019, 6:03 am
Plaintiff did not allege “actual, ascertainable damages” incurred by plaintiff’s decedent “as a result of an attorney’s negligence” (Dempster v Liotti, 86 AD3d 169, 177 [1st Dept 2011]; see Humbert v Allen, 89 AD3d 804, 806 [2d Dept 2011]). [read post]
18 Feb 2020, 4:46 am
Accordingly, as Izmirligil did not commence the instant action until 2015, the RICO cause of action was time-barred (see Dempster v Liotti, 86 AD3d at 179). [read post]
2 Nov 2020, 3:34 am
The general allegations that, as a result of the alleged acts of malpractice, the plaintiff was caused to incur “additional legal fees,” and caused to suffer “financial damages and expense,” “adverse financial consequences,” and “direct financial damage,” were all conclusory and inadequate to constitute “actual, ascertainable damages” (Dempster v Liotti, 86 AD3d at 177). [read post]
3 Sep 2019, 4:39 am
” “To recover damages for legal malpractice, a plaintiff must establish “that the attorney failed to exercise the ordinary reasonable skill and knowledge commonly possessed by a member of the legal profession and that the attorney’s breach of this duty proximately caused plaintiff to sustain actual and ascertainable damages” (Dombrowski v Bulson, 19 NY3d 347, 350 [2012] [internal quotation marks omitted]; see Rudolf v Shayne, Dachs, Stanisci,… [read post]
29 Sep 2020, 7:50 pm
The general allegations that, as a result of the alleged acts of malpractice, the plaintiff was caused to incur “additional legal fees,” and caused to suffer “financial damages and expense,” “adverse financial consequences,” and “direct financial damage,” were all conclusory and inadequate to constitute “actual, ascertainable damages” (Dempster v Liotti, 86 AD3d at 177). [read post]
29 Nov 2021, 4:32 am
However, any negligence on defendants’ part in failing to oppose that motion was not a proximate cause of damages to plaintiffs since the Heena complaint failed to state a cause of action and was refuted by documentary evidence, and plaintiffs do not contend that this was a “remediable defect” (see Dempster v Liotti, 86 AD3d 169, 179-180 [2d Dept 2011]). [read post]
13 Apr 2020, 5:23 am
“To state a cause of action to recover damages for legal malpractice, a plaintiff must allege: (1) that the attorney ‘failed to exercise the ordinary reasonable skill and knowledge commonly possessed by a member of the legal profession’; and (2) that the attorney’s breach of the duty proximately caused the plaintiff actual and ascertainable damages” (Dempster v Liotti, 86 AD3d 169 [2d Dept 2011] citing Leder v Spiegel, 9 NY3d 836… [read post]
5 Sep 2019, 4:33 am
“To state a cause of action to recover damages for legal malpractice, a plaintiff must allege: (1) that the attorney failed to exercise the ordinary reasonable skill and knowledge commonly possessed by a member of the legal profession; and (2) that the attorney’s breach of the duty proximately caused the plaintiff actual and ascertainable damages” (Dempster v Liotti, 86 AD3d 169, 176 [2011] [internal quotation marks omitted]; see Leder v… [read post]
28 Jan 2022, 3:59 am
Dempster v Liotti, 86 AD3d 169, 181). [read post]
13 Jul 2012, 2:40 am
Spiegel v Rowland, 552 US 1257; see Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 442; McCoy v Feinman, 99 NY2d 295, 301-302; Gioeli v Vlachos, 89 AD3d 984; Dempster v Liotti, 86 AD3d 169, 176). [read post]
23 May 2022, 3:58 am
In light of the discretion imparted by the consent form, “the plaintiff[s’] contention that the alleged malpractice resulted in legally cognizable damages is conclusory and speculative inasmuch as it is premised on decisions that were within the sole discretion of the [hospital]” (Bua v Purcell & Ingrao, P.C., 99 AD3d at 848; see AmBase Corp. v Davis Polk & Wardwell, 8 NY3d 428, 436; Dempster v Liotti, 86 AD3d at… [read post]
26 Feb 2019, 4:23 am
To recover damages for legal malpractice, a plaintiff must establish “that the attorney failed to exercise the ordinary reasonable skill and knowledge commonly possessed by a member of the legal profession and that the attorney’s breach of this duty proximately caused plaintiff to sustain actual and ascertainable damages” (Dombrowski v Bulson, 19 NY3d 347, 350 [internal quotation marks omitted]; see Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d… [read post]
20 Jul 2022, 3:06 am
“ ’To state a cause of action to recover damages for legal malpractice, a plaintiff must allege: (1) that the attorney failed to exercise the ordinary reasonable skill and knowledge commonly possessed by a member of the legal profession; and (2) that the attorney’s breach of the duty proximately caused the plaintiff actual and ascertainable damages’ ” (Lopez v Lozner & Mastropietro, P.C., 166 AD3d 871, 873 [2018],… [read post]
27 Mar 2024, 4:57 am
A plaintiffs speculation about loss resulting from an attorney’s alleged omission is insufficient to sustain a case of legal malpractice (Dempster v Liotti, 86 AD3d 169, 177 [2nd Dept 2011]; see e.g. [read post]
30 May 2012, 3:28 am
" Dempster v. [read post]
