Search for: "Dupree v Voorhees"
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14 Dec 2009, 2:43 am
Yesterday we discussed the plaintiff v. her own attorney part of Dupree v Voorhees ; 2009 NY Slip Op 09183 ; Decided on December 8, 2009 ; Appellate Division, Second Department . [read post]
11 Dec 2009, 3:31 am
Dupree v. [read post]
24 May 2010, 3:54 am
Dupree v. [read post]
2 Apr 2009, 5:24 am
In Dupree v Voorhees , 2009 NY Slip Op 29121 Decided on March 23, 2009 Supreme Court, Suffolk County Palmieri, J. [read post]
7 Mar 2011, 3:43 am
""To succeed on a motion for summary judgment, a defendant must establish that the plaintiff is unable to prove at least one of the essential elements of the cause of action" (Dupree v Voorhees, 68 AD3d 810, 811; see Greene v Sager, 78 AD3d 777). [read post]
21 Feb 2020, 4:53 am
The Supreme Court should have denied that branch of the defendants’ motion which was for summary judgment dismissing the cause of action alleging a violation of Judiciary Law § 487, as the defendants failed to eliminate all triable issues of fact regarding “the only liability standard recognized in Judicary Law § 487 . . . of an intent to deceive” (Dupree v Voorhees, 102 AD3d 912, 913). [read post]
9 Feb 2022, 6:06 am
” In order to establish liability under section 487, the plaintiff must show that the defendant acted with intent to deceive him or her or the court (see Gillen v McCarron, 126 AD3d 670, 671 [2015]; Cullin v Spiess, 122 AD3d 792, 793 [2014]; Dupree v Voorhees, 102 AD3d 912, 913 [2013]). [read post]
2 Jun 2011, 2:36 am
"[M]ere speculation about a loss resulting from an attorney's alleged omission is insufficient to sustain a prima facie case of legal malpractice" (Siciliano v Forchelli & Forchelli, 17 AD3d 343, 345; see Dupree v Voorhees, 68 AD3d 810, 812-813; Plymouth Org., Inc. v Silverman, Collura & Chernis, P.C., 21 AD3d 464; Giambrone v Bank of N.Y., 253 AD2d 786). [read post]
13 Sep 2018, 4:30 am
A chronic extreme pattern of legal delinquency is not a basis for liability pursuant to Judiciary Law § 487 (see Dupree v Voorhees, 102 AD3d 912, 913). [read post]
26 Jan 2010, 3:22 am
" "In order to prevail in an action to recover damages for legal malpractice, a plaintiff must establish both that the defendant attorney failed to exercise the ordinary reasonable skill and knowledge commonly possessed by a member of the legal profession, resulting in actual damages to the plaintiff, and that "but for" the attorney's negligence, the plaintiff would have succeeded on the merits in the underlying action or not have sustained any damages (Dupree… [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 180; Hashmi… [read post]
13 Nov 2019, 5:22 am
It must be shown that the alleged deceit “reaches the level of egregious conduct or a chronic and extreme pattern of behavior” (Savitt v Greenberg Traurig, LLP, 126 AD3d 506, 507 [1st Dept 2015] [internal quotation marks and .citation omitted]; but see Dupree v Voorhees, 102 AD3d 912, 913 [2d Dept 2013]). [read post]
