Search for: "Kissell v. Kissell" Results 21 - 40 of 47
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28 Jun 2019, 6:03 am by Andrew Lavoott Bluestone
 Sapienza v Becker & Poliakoff  2019 NY Slip Op 05218 Decided on June 27, 2019 Appellate Division, First Department is an example: “Plaintiff’s fraud claim was properly dismissed, as plaintiff did not allege “actual pecuniary loss sustained” by plaintiff’s decedent individually “as the direct result of” defendants’ alleged fraud (Lama Holding Co. v Smith Barney, 88 NY2d 413, 421 [1996] [internal quotation… [read post]
18 Mar 2019, 4:13 am by Andrew Lavoott Bluestone
While incontrovertible proof of fraud is not required at the pleading stage, CPLR 3016[b] mandates particularity such that elementary facts from which misconduct may be inferred must be stated (see Eurycleia Partners, LP v Seward & Kissel, LLP, supra). [read post]
31 Mar 2024, 3:28 am by jonathanturley
President & Fellows of Harvard College and Students for Fair Admissions, Inc. v. [read post]
16 Jun 2021, 3:14 am by Andrew Lavoott Bluestone
A claim rooted in fraud must be pleaded with the requisite particularity under CPLR 3016 (b)’ ” (Shahid v Ridgewood Bushwick Senior Citizens Council, Inc., 181 AD3d 744, 745 [2020], quoting Eurycleia Partners, LP v Seward & Kissel, LLP, 12 NY3d 553, 559 [2009]). [read post]
22 Mar 2022, 4:00 am by Catherine Morris
Specifically, Judge Kaplan appointed the law firm of Seward & Kissel LLP (Seward). [read post]
5 Dec 2022, 4:58 am by Andrew Lavoott Bluestone
Here, the cause of action alleging breach of fiduciary duty was subject to a three-year statute of limitations since the relief sought was monetary in nature and the complaint failed to allege all the requisite elements of fraud, including justifiable reliance (see Eurycleia Partners, LP v Seward & Kissel, LLP, 12 NY3d 553, 562; IDT Corp. v Morgan Stanley Dean Witter & Co., 12 NY3d at 140; Oppedisano v D’Agostino, 196 AD3d 497, 499). [read post]
2 Feb 2011, 9:22 am by dnt.atheniense@gmail.com
As empresas ainda não disseram se vão aderir ao programa, mas se o sistema permitir a elas adaptá-lo facilmente a seus propósitos, o uso poderá disparar, afirma Brian Kissel, presidente da Janrain, uma consultoria especializada em redes sociais. [read post]
15 Apr 2022, 3:55 am by Andrew Lavoott Bluestone
“‘The elements of a cause of action for fraud require a material misrepresentation of a fact, knowledge of its falsity, an intent to induce reliance, justifiable reliance by the plaintiff and damages'” (Emby Hosiery Corp. v Tawil, 196 AD3d 462, 464, quoting Eurycleia Partners, LP v Seward & Kissel, LLP, 12 NY3d 553, 559). [read post]
19 Apr 2017, 4:38 am by Edith Roberts
In Goodyear Tire & Rubber Co. v. [read post]
8 Jun 2009, 4:24 am
  In Eurycleia Partners, LP v Seward & Kissel, LLP ; 2009 NY Slip Op 04299 ; Decided on June 4, 2009 ; Court of Appeals ; Graffeo, J. we see that there is not enough connection between the attorneys and plaintiffs, and that plaintiffs cannot show the requisite relationship between the attorneys and the funds. [read post]