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Allen, NY Slip Op 08125 (2d Dept. 2011).Here is the decision.Tomorrow’s issue: A property owner’s duty to protect. [read post]
22 Mar 2012, 2:51 am by Andrew Lavoott Bluestone
" "Here, the Mongelli defendants established their prima facie entitlement to judgment as a matter of law dismissing the amended complaint alleging legal malpractice insofar as asserted against them by demonstrating that the plaintiffs would be unable to prove, inter alia, the element of causation (see Humbert v Allen, 89 AD3d at 806-807; Marino v Lipsitz, Green, Fahringer, Roll, Salibury & Cambria, LLP, 87 AD3d 566; Pistilli Constr. [read post]
28 Jun 2019, 6:03 am by Andrew Lavoott Bluestone
Plaintiff did not allege “actual, ascertainable damages” incurred by plaintiff’s decedent “as a result of an attorney’s negligence” (Dempster v Liotti, 86 AD3d 169, 177 [1st Dept 2011]; see Humbert v Allen, 89 AD3d 804, 806 [2d Dept 2011]). [read post]
28 Jun 2019, 6:03 am by Andrew Lavoott Bluestone
Plaintiff did not allege “actual, ascertainable damages” incurred by plaintiff’s decedent “as a result of an attorney’s negligence” (Dempster v Liotti, 86 AD3d 169, 177 [1st Dept 2011]; see Humbert v Allen, 89 AD3d 804, 806 [2d Dept 2011]). [read post]
11 Nov 2011, 3:00 am by Andrew Lavoott Bluestone
Here, in Humbert v Allen ;2011 NY Slip Op 08125 ; Decided on November 9, 2011 ; Appellate Division, Second Department  we see the situation in which buyer deposits downpayment and then applies for a mortgage.Events go down-hill from there. [read post]