Search for: "Emery Celli Brinckerhoff & Abady, LLP v Rose"
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6 Dec 2010, 3:17 am
Emery Celli Brinckerhoff & Abady LLP v Rose; 2010 NY Slip Op 33288(U); November 23, 2010 Sup Ct, NY County; Judge: Joan A. [read post]
15 Jan 2021, 7:13 am
Moreover, defendants’ legal malpractice counterclaims were not sufficiently intertwined with the account stated claim so as to preclude summary judgment (see Emery Celli Brinckerhoff & Abady, LLP v Rose, 111 AD3d 453, 454 [1st Dept 2013], lv denied 23 NY3d 904 [2014]). [read post]
5 Apr 2021, 3:05 am
While defendants also failed to timely object to plaintiffs’ legal services invoices rendered throughout 2017, defendants’ counterclaim for legal malpractice “is intertwined with . . . plaintiff law firm’s claim for legal fees,” precluding summary judgment on the claim with regard to the invoices for legal services (Emery Celli Brinckerhoff & Abady, LLP v Rose, 111 AD3d 453, 454 [1st Dept 2013], lv… [read post]
27 Jun 2019, 4:20 am
Nor is summary judgment precluded by defendant’s legal malpractice counterclaim, since the record shows that plaintiff performed a great deal of work that was unrelated to the isolated malpractice claim found viable by the court (see Emery Celli Brinckerhoff & Abady, LLP v Rose, 111 AD3d 453 [2013], lv denied 23 NY3d 904 [2014]; Morrison Cohen Singer & Weinstein v Ackerman, 280 AD2d 355, 356 [2001]). [read post]
27 Jun 2019, 4:20 am
Nor is summary judgment precluded by defendant’s legal malpractice counterclaim, since the record shows that plaintiff performed a great deal of work that was unrelated to the isolated malpractice claim found viable by the court (see Emery Celli Brinckerhoff & Abady, LLP v Rose, 111 AD3d 453 [2013], lv denied 23 NY3d 904 [2014]; Morrison Cohen Singer & Weinstein v Ackerman, 280 AD2d 355, 356 [2001]). [read post]
24 Feb 2021, 3:13 am
Defendant’s failure to consolidate her legal malpractice action, which she commenced subsequent to this legal fees action, precludes review of whether her claim is sufficiently intertwined with the account stated cause of action (see Emery Celli Brinckerhoff & Abady, LLP v Rose, 111 AD3d 453, 454 [1st Dept 2013). [read post]
11 Mar 2018, 12:36 pm
Saylor, Partner, Emery, Celli, Brinckerhoff & Abady LLP; LaDonna Powell, the plaintiff in a major sexual harassment lawsuit involving the security guard industry; and Minna Kotkin, Professor of Law and Director, Employment Law Clinic, Brooklyn Law School. [read post]
4 Oct 2017, 4:38 am
“Nevertheless, plaintiff’s motion for partial summary judgment on the account stated claim cannot be granted as to the other amounts billed, because plaintiff has not demonstrated entitlement to dismissal of defendant’s legal malpractice counterclaims, which are sufficiently intertwined with the account stated claim so as to provide a bona fide defense (see Emery Celli Brinckerhoff & Abady, LLP v Rose, 111 AD3d 453,… [read post]
11 Jan 2023, 3:03 am
Indeed, the alleged conduct which forms the basis for the malpractice occurred during the billing period atissue2 (see Glassman v Weinberg, 154 AD3d 407,409 [1st Dept 2017] [attorney not entitled to summary judgment on account stated claim since he “has not demonstrated entitlement to dismissal of defendant’s legal malpractice counterclaims, which are sufficiently intertwined with the account stated claim so as to provide a bona fide defense”]; Emery… [read post]
