Search for: "Lederer v. Lederer"
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12 Jun 2012, 2:52 am
These allegations do not set out the standard of skill required of an attorney or state that defendant's actions fell below that skill level (see Leder v Spiegel, 9 NY3d 836, 837 [2007], cert denied 552 US 1257 [2008]; compare Canavan v Steenburg, 170 AD2d 858, 859 [1991]; see also Kolev and Collins, The Importance of Due Diligence: Real Estate Transactions in a Complex Land Use World, 84 NY St BJ 24 [March/April 2012]). [read post]
10 Mar 2010, 6:47 am
In Babakar v. [read post]
10 Mar 2010, 6:47 am
In Babakar v. [read post]
13 Oct 2023, 5:04 am
” To state a cause of action for legal malpractice, in addition to an attorney-clientrelationship, the complaint must set forth “the negligence of the attorney; that the negligence was the proximate cause of the loss sustained; and actual damages” (Leder v Spiegel, 31 AD3d 266 [1st Dept 2006]). [read post]
13 Oct 2011, 2:24 pm
Leder v Spiegel, 9 NY3d 836 [2007]; Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438 [2007]; AmBase Corp. v Davis Polk & Wardwell, 8 NY3d 428 [2007]; Davis v Klein, 88 NY2d 1008 [1996]; Carmel v Lunney, 70 NY2d 169 [1987]). [read post]
31 Jul 2013, 4:04 am
A number of the memos posted about the Boilermakers v. [read post]
14 Nov 2007, 3:29 am
Co. v North Am. [read post]
13 Apr 2020, 5:23 am
Spiegel v Rowland, 552 US 1257 [2008]). [read post]
27 Nov 2023, 5:21 am
Consequently, we conclude that plaintiff’s allegations, even if accepted as true, fail to allege a prima facie case of legal malpractice (see CPLR 3211 [a] [7]; Leder, 9 NY3d at 837). [read post]
15 Aug 2021, 6:57 am
This was the issue in Leder v. [read post]
6 Jun 2019, 5:39 am
Lederer asks. [read post]
2 Jun 2011, 2:36 am
To state a cause of action to recover damages for legal malpractice, a plaintiff must allege: (1) that the attorney "failed to exercise the ordinary reasonable skill and knowledge commonly possessed by a member of the legal profession," and (2) that the attorney's breach of the duty proximately caused the plaintiff actual and ascertainable damages (Leder v Spiegel, 9 NY3d 836, 837, cert denied sub nom. [read post]
5 Sep 2019, 4:33 am
“To state a cause of action to recover damages for legal malpractice, a plaintiff must allege: (1) that the attorney failed to exercise the ordinary reasonable skill and knowledge commonly possessed by a member of the legal profession; and (2) that the attorney’s breach of the duty proximately caused the plaintiff actual and ascertainable damages” (Dempster v Liotti, 86 AD3d 169, 176 [2011] [internal quotation marks omitted]; see Leder v Spiegel, 9… [read post]
1 Sep 2009, 4:39 am
The failure to demonstrate proximate cause requires dismissal of a legal malpractice action regardless of whether the attorney was negligent (see Leder v Spiegel, 31 AD3d 266, 267-268 [2006], affd 9 NY3d 836 [2007])" (id. at 797). [read post]
19 Jan 2010, 3:50 am
"'In order to sustain a claim for legal malpractice, a plaintiff must establish both that the defendant attorney failed to exercise the ordinary reasonable skill and knowledge commonly possessed by a member of the legal profession which results in actual damages to a plaintiff, and that the plaintiff would have succeeded on the merits of the underlying action "but for" the attorney's negligence'" (Leder v Spiegel, 9 NY3d 836, 837 [2007], cert… [read post]
14 Sep 2009, 4:35 am
Leder v Spiegel, 9 NY3d 836 [2007]; Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438 [2007]; AmBase Corp. v Davis Polk & Wardwell, 8 NY3d 428 [2007]; Davis v Klein, 88 NY2d 1008 [1996]; Carmel v Lunney, 70 NY2d 169 [1987]). [read post]
13 Dec 2011, 2:52 am
These allegations met the requirements of a legal malpractice claim inasmuch as they set forth " the negligence of the attorney; that the negligence was the proximate cause of the loss sustained; and actual damages'" (see O'Callaghan v Brunelle, 84 AD3d 581, 582 [2011], quoting Leder v Spiegel, 31 AD3d 266, 267 [2006], affd 9 NY3d 836 [2007], cert denied 552 US 1257 [2008]). [read post]
24 Aug 2011, 3:09 am
In any event, the plaintiff has failed to present any proof that such alleged failures were the proximate cause of any damages sustained by the plaintiff (see Leder v Speigel, 9 NY3d 836, 840 NYS2d 888 [2007]; Manna Fuel Oil Corp v Ades, 14 AD3d 666,789 NYS2d 288 [2d Dept 20051). [read post]
7 Oct 2008, 5:32 pm
Collings v. [read post]
26 Oct 2020, 5:34 am
(Leder v Spiegel, 31 AD3d at 268.) [read post]
