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17 Sep 2018, 6:04 am by Andrew Lavoott Bluestone
More than a year later, the Appellate Division, Second Department, reversed the May 2014 Order (Gershman v Ahmad, 131 AD3d 1104 [2d Dept 2015]). [read post]
3 Jan 2018, 4:33 am by Andrew Lavoott Bluestone
Assuming that the malpractice claim accrued on January 11, 2013, when the time to answer the underlying complaint expired, or the earlier date of December 28, 2012, when the insurer disclaimed coverage, Billiard was prevented from exercising any legal remedy by virtue of the underlying motion court’s order, which denied the underlying plaintiff’s motion for a default judgment against Billiard, until that order was subsequently reversed by the Second Department in September 2015… [read post]
25 Jul 2022, 4:57 am by Andrew Lavoott Bluestone
New York does not recognize independent causes of action for punitive damages (see Gershman v Ahmad, 156 AD3d 868, 868) or civil conspiracy (see Palmieri v Perry, Van Etten, Rozanski & Primavera, LLP, 200 AD3d 785, 788), and the plaintiff does not identify an actionable, underlying tort that might otherwise warrant recovery under these causes of action or his aiding and abetting cause of action. [read post]