Search for: "Fielding v Kupferman"
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12 Aug 2009, 4:31 am
In Fielding v Kupferman ;2009 NY Slip Op 06151 ;Decided on August 11, 2009 ;Appellate Division, First Department we see a reversal of a dismissal in Supreme Court. [read post]
23 Jun 2011, 3:12 am
Co. v Coleman 305 AD2d 151 (2003); Fielding v Kupferman 65 AD3d 437 442 (2009); Rock City Sound, Inc. v. [read post]
29 Mar 2024, 5:45 am
Conklin, who represented plaintiff in an underlying action alleging accounting malpractice, among other things, were entitled to dismissal of the complaint given that plaintiff failed to allege that defendants were negligent or that they proximately caused any damages (see Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 442 [2007]; Fielding v Kupferman, 65 AD3d 437, 442 [1st Dept 2009]). [read post]
20 Nov 2009, 4:01 am
At this early stage of the proceedings, it cannot be said that these particular damages are too speculative (see Fielding v Kupferman, 65 AD3d 437, 442 [2009]). [read post]
18 Dec 2023, 3:25 am
Even if defendants negligently produced the documents, plaintiff did not adequately allege that defendants’ actions were the proximate cause of the claimed damages, including plaintiff’s contribution to the settlement and retention of coverage counsel (see Fielding v Kupferman, 65 AD3d at 442). [read post]
10 Jan 2018, 4:12 am
“Accepting plaintiff client’s allegations as true and drawing all reasonable inferences in its favor (see Leon v Martinez, 84 NY2d 83, 87-88 [1994]), a legal malpractice claim was sufficiently alleged (see Fielding v Kupferman, 65 AD3d 437, 439 [1st Dept 2009]). [read post]
30 Aug 2012, 1:51 am
Moreover, contrary to the defendants' contention, the complaint "set forth allegations from which damages attributable to the defendant[s'] alleged malpractice might be reasonably inferred" (Caruso, Caruso & Branda, P.C. v Hirsch, 41 AD3d 407, 410; see Fielding v Kupferman, 65 AD3d 437, 442). [read post]
12 Jul 2011, 1:20 pm
Moreover, contrary to the defendants' contention, the complaint "set forth allegations from which damages attributable to the defendant[s'] alleged malpractice might be reasonably inferred" (Caruso, Caruso & Branda, P.C. v Hirsch, 41 AD3d 407, 410; see Fielding v Kupferman, 65 AD3d 437, 442). [read post]
25 May 2022, 3:39 am
Kram Knarf, LLC v Djonovic, 74 AD3d 628, 628 [1st Dept 2010]; Fielding v Kupferman, 65 AD3d 437 [1st Dept 2009]). [read post]
17 Dec 2021, 3:11 am
As for the damages element of malpractice, it is reasonable to infer that if Pasternak had not pushed plaintiffs to use Sprei, they would have used the alternate funder and would not have sustained injury (see Fielding v Kupferman, 65 AD3d 437, 442 [1st Dept 2009]). [read post]
21 Jul 2011, 2:57 am
In Fielding v Kupferman 2011 NY Slip Op 31983(U) ;July 12, 2011;Supreme Court, : 113572/07;Judge: Eileen A. [read post]
14 Jul 2023, 5:00 am
Accepting the factual allegations as true, as this Court must on a pre-answer motion to dismiss, failure to advise a client on the tax consequences of withdrawing money from retirement accounts in a divorce action states a claim for legal malpractice for purposes of a pre-answer motion to dismiss (Fielding v Kupferman, 65 AD3d 437 [1st Dept 2009]). [read post]
1 Aug 2012, 2:51 am
"[A]n attorney is obligated to know the law relating to the matter for which he/she is representing a client and it is the attorney's duty, if he has not knowledge of the statutes, to inform himself, for, like any artisan, by undertaking the work, he represents that he is capable of performing it in a skillful manner" (Fielding v Kupferman, 65 AD3d 437, 440 [2009] [internal quotations marks omitted]). [read post]
13 May 2024, 4:54 am
To begin, “an attorney is obligated to know the law relating to the matter for which he/she is representing a client and it is the attorney’s duty, if he has not knowledge of the statutes, to inform himself, for, like any artisan, by undertaking the work, he represents that he is capable of performing it in a skillful manner” (Fielding v Kupferman, 65 AD3d 437,440 [1st Dept 2009] [internal quotation marks and citations omitted]). [read post]
