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19 Apr 2024, 4:12 am by Andrew Lavoott Bluestone
Where a client has challenged and lost on the issue of whether counsel is entitled to a fee, that determination collaterally estops a subsequent claim for legal malpractice (Koppelman v Liddle, O’Connor, Finkelstein & Robinson, 246 AD2d 365, 366 [1st Dept 1998]). [read post]
7 Oct 2013, 3:26 pm
Open source v proprietary software". [read post]
29 Aug 2012, 1:18 pm by David Jacobson
ACCC v Allergy Pathway In Australian Competition and Consumer Commission v Allergy Pathway Pty Ltd (No 2) [2011] FCA 74 Justice Finkelstein of the Federal Court fined Allergy Pathway Pty Ltd (formerly known as Advanced Allergy Elimination) and its director, Mr Paul Keir, $7,500 each for contempt of undertakings made to the court following a successful 2009 Australian Competition and Consumer Commission action for false, misleading and deceptive conduct. [read post]
14 Jun 2011, 2:44 am by Andrew Lavoott Bluestone
 "Where an individual claim of breach of contract arises out of the same facts as an asserted legal malpractice cause of action and does not allege distinct damages, the breach of contract claim is duplicative of the malpractice claim (see Turner v Irving Finkelstein & [*2]Meirowitz, LLP, 61 AD3d 849, 850 [2009]; Garten v Shearman & Sterling LLP, 52 AD3d 207, 207-208 [2008]; Peak v Bartlett, Pontiff, Stewart & Rhodes, P.C., 28 AD3d 1028, 1031… [read post]
28 Jun 2021, 3:11 am by Andrew Lavoott Bluestone
 [internal quotation marks omitted]; see Flomenhaft v Finkelstein (127 AD3d 634, 637 [1st Dept 2015] [test of pertinence is “extremely liberal”] [internal quotation marks omitted]). [read post]
2 Sep 2010, 3:38 am by Andrew Lavoott Bluestone
And so it went in Feldman v Finkelstein & Partners, LLP ,2010 NY Slip Op 06517 ,Decided on August 31, 2010 , Appellate Division, Second Department , a legal malpractice case. [read post]
14 Dec 2016, 4:00 am by Administrator
Finkelstein v Ontario (Securities Commission), 2016 ONSC 7508 [174] The Panel noted that, while Finkelstein may not have personally benefitted from his conduct, the participants in the three instances of insider trading/tipping, earned profits of approximately $2 million. [read post]
21 Nov 2007, 3:26 am
The determination fixing the value of the defendants' services necessarily determined that there was no malpractice (see Blair v Bartlett, 75 NY 150, 154; Koppelmann v Finkelstein, 246 AD2d 365, 366; Altamore v Friedman, 193 AD2d at 246; Chisolm Ryder Co. v Sommer & Sommer, 78 AD2d 143, 145-146). [read post]
21 Nov 2007, 3:26 am
The determination fixing the value of the defendants' services necessarily determined that there was no malpractice (see Blair v Bartlett, 75 NY 150, 154; Koppelmann v Finkelstein, 246 AD2d 365, 366; Altamore v Friedman, 193 AD2d at 246; Chisolm Ryder Co. v Sommer & Sommer, 78 AD2d 143, 145-146). [read post]
20 Mar 2007, 6:25 am
Albin (both counsel to Finkelstein Newman Ferrara LLP) for securing this victory on Ms Dole's behalf. [read post]
23 Aug 2019, 2:58 am by Walter Olson
Fitzgerald, Finger Lakes Times] “Finkelstein has gone on a lawsuit-filing spree since getting his law license back in New York state in 2016,” and among his 50 ADA suits are some the named plaintiff says he didn’t know about [Julia Marsh, New York Post] In EEOC-land no one can hear you honk [press release on EEOC lawsuit against limo service that declined to hire deaf driver] “Washington Supreme Court Says Obesity Is a Disability” [Ben McDonald, and thanks… [read post]
21 Sep 2010, 4:52 pm by Colin O'Keefe
- Miami lawyer Bryant Esquenazi on his blog, Miami Beach Injury Law News Game, Set, Match: Hurd and HP settle. - Dallas non-compete attorney Rob Radcliff on his Smooth Transitions Law Blog Burnwatt v. [read post]
5 Mar 2008, 12:25 pm
We’re pleased (and honored) that New York Post writer, Cindy Adams, mentioned us in her column today.Here’s what you’ll find on page 22 of the paper:A MARCH newsletter from Finkelstein Newman Ferrara "The Real Estate Litigation Leaders" discusses the New York County Supreme Court case of Sultan v. [read post]
25 Aug 2023, 5:30 am by Andrew Lavoott Bluestone
Here, the defendants demonstrated, prima facie, that the acts that they allegedly failed to perform were beyond the scope of the engagement letter, which was prepared by the defendants and signed by the plaintiff (see AmBase Corp. v Davis Polk & Wardwell, 8 NY3d at 435; DeNatale v Santangelo, 65 AD3d 1006, 1007; Turner v Irving Finkelstein & Meirowitz, LLP, 61 AD3d 849, 850). [read post]