Search for: "Doscher v Doscher" Results 1 - 17 of 17
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21 Nov 2019, 4:27 am by Andrew Lavoott Bluestone
  However, in Doscher v Meyer  2019 NY Slip Op 08171 Decided on November 13, 2019 Appellate Division, Second Department it was totally inapplicable. [read post]
6 Jul 2016, 12:09 am by John Diekman
This counterclaim is based on the same factual allegations that underlie the malpractice counterclaim and does not allege distinct damages.Case:  Balanoff v. [read post]
15 Aug 2016, 6:36 am by Joy Waltemath
The Second Circuit distinguished Doscher’s case from NASDAQ OMX Group, Inc. v. [read post]
10 Dec 2008, 8:40 am
Akpinar NASSAU COUNTYFamily Law Free With Registration: Court Discretion Used to Re-order Valuations After Trial Due to Party's Failure to Disclose Doscher v. [read post]
30 May 2018, 4:14 am by Andrew Lavoott Bluestone
Shawe’s allegations that the attorney defendants deceptively backdated a retainer agreement primarily relates to privilege assertions in the Delaware action, and not in New York, and, as such, is not actionable under § 487 (see Doscher v Manatt, Phelps & Phillips, LLP, 148 AD3d 523, 524 [1st Dept 2017]). [read post]
28 Jun 2021, 3:11 am by Andrew Lavoott Bluestone
While counsel’s communications and statements surrounding the withdrawal of the action filed in New York, which we assume to be true on a CPLR 3211 (a)(7) motion, and defendants’ subsequent reliance on said withdrawal in a California action, are troubling, the complaint fails to allege damages proximately caused by the alleged deceit (see Doscher v Mannatt, Phelps & Phillips, LLP, 148 AD3d 523, 524 [1st Dept 2017]). [read post]
13 Dec 2019, 2:59 am by Walter Olson
” Advice from a federal judge to the lawyers in a Florida case [Eugene Volokh; Doscher v. [read post]
6 Aug 2018, 3:14 am by Andrew Lavoott Bluestone
” Here, under the particular circumstances of this case, and even accepting the facts alleged in the complaint as true and according the plaintiff the benefit of every possible inference, we agree with the Supreme Court’s determination to grant that branch of HWR’s motion, made pursuant to CPLR 3211(a)(7), to dismiss the complaint insofar as asserted against it (see Doscher v Mannatt, Phelps & Phillips, LLP, 148 AD3d 523, 524; Costalas v… [read post]
13 Nov 2019, 5:22 am by Andrew Lavoott Bluestone
Thus, a plaintiff must plead the attorney’s intentional deceit damages caused by the deceit (see Doscher v Mannatt, Phelps & Phillips, LLP, 148 AD3d 523, 524 [1st Dept 2017]). [read post]
12 Oct 2021, 5:52 am by Andrew Lavoott Bluestone
The plaintiff failed to allege sufficient facts to establish that Dougherty intended to deceive through his actions in the prior hybrid action/proceeding (see Klein v Rieff, 135 AD3d 910, 912 [2016]; Seldon v Lewis Brisbois Bisgaard & Smith LLP, 116 AD3d 490, 491 [2014]; see also Doscher v Meyer, 177 AD3d 697, 699 [2019]). [read post]
17 Mar 2021, 3:02 am by Andrew Lavoott Bluestone
” “As the Supreme Court noted, civil conspiracy is not recognized as a civil cause of action in New York (see Notaro v Performance Team, 136 AD3d 997, 999), nor does a violation of the Rules of Professional Responsibility, without more, support either an independent cause of action or a cause of action alleging legal malpractice, even where the alleged violation is a conflict of interest (see Doscher v Meyer, 177 AD3d 697, 699; DeStaso v… [read post]
20 Sep 2019, 4:25 am by Andrew Lavoott Bluestone
“In its February 16, 2017 order, the motion court correctly dismissed the first cause of action in the original verified complaint to the extent that it alleged a violation of Judiciary Law § 487, because plaintiff failed to plead the essential elements of a cause of action under the statute, i.e., intentional deceit and damages proximately caused by the deceit (see Judiciary Law § 487; Doscher v Mannatt, Phelps & Phillips, LLP, 148 AD3d… [read post]
22 Jul 2019, 2:49 am by Peter Mahler
Vice Chancellor Travis Laster of the Delaware Court of Chancery recently had such a case before him in Longoria v Somers, C.A. [read post]