Search for: "Lederer v. Lederer"
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2 Sep 2013, 9:55 am
Belated good news for her for sure.In Puello v. [read post]
31 Jul 2013, 4:04 am
A number of the memos posted about the Boilermakers v. [read post]
28 Jan 2013, 5:00 am
In Gallagher v. [read post]
13 Jul 2012, 2:40 am
Here is the AD decision: "To state a cause of action to recover damages for legal malpractice, a plaintiff must allege that the attorney "failed to exercise the ordinary reasonable skill and knowledge commonly possessed by a member of the legal profession," and that the breach of this duty proximately caused the plaintiff to sustain actual and ascertainable damages (Leder v Spiegel, 9 NY3d 836, 837 [internal quotation marks omitted], cert denied… [read post]
2 Jul 2012, 5:26 am
Plaintiff also failed to submit non-speculative evidence in support of its damages claims (see Leder, 31 AD3d at 268; Dweck Law Firm v Mann, 283 AD2d 292, 294 [2001]). [read post]
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]
30 May 2012, 3:28 am
Div. 2011) (quoting Leder v. [read post]
1 May 2012, 6:49 pm
Lederer de Paris Fifth Avenue, Inc. [read post]
25 Apr 2012, 3:25 am
In Leder v Spiegel(31 AD3d 246,267 [ 1” Dept 2006 the Appellate Division, First Department, noted that “[in order to state a cause of action for legal malpractice, the complaint must set forth three elements: the negligence of the attorney; that the negligence was the proximate cause of the loss sustained; and actual damages. [read post]
18 Jan 2012, 2:49 am
Finally, construing the pleading in the light most favorable to plaintiff, as is required on consideration of [*4]a CPLR 3211 motion to dismiss, we find that it asserts actions and omissions by defendants that support viable claims for recovery (see Leder v Spiegel, 31 AD3d 266 [2006], affd 9 NY3d 836 [2007], cert denied 552 US 1257 [2008]). [read post]
7 Jan 2012, 4:16 pm
(Thanks to Peter Lederer for the H/T). [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]
7 Dec 2011, 3:10 am
Accordingly, contrary to the defendants' contention, the complaint adequately pleaded the element regarding the defendants' failure to exercise the ordinary reasonable skill and knowledge commonly possessed by a member of the legal profession (see Leder v Spiegel, 9 NY3d at 837). [read post]
28 Nov 2011, 6:59 am
Accordingly, contrary to the defendants' contention, the complaint adequately pleaded the element regarding the defendants' failure to exercise the ordinary reasonable skill and knowledge commonly possessed by a member of the legal profession (see Leder v Spiegel, 9 NY3d at 837). [read post]
18 Nov 2011, 3:19 am
Plaintiff put forth sufficient detail to establish the negligence of the attorneys, that the negligence was the proximate cause of the losses sustained by the benefits funds, and actual damages to those funds (see Leder v Spiegel, 9 NY3d 836, 837 [2007], cert denied 552 US 1257 [2008]; O'Callaghan v Brunelle, 84 AD3d 581, 582 [2011]). [read post]
4 Nov 2011, 3:59 am
In Chrabalowski v. [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]
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]
5 Aug 2011, 2:11 am
To prevail on a cause of action for legal malpractice, plaintiff must satisfy three elements: (1) the negligence of the attorney; (2) that the negligence was the proximate cause of the loss sustained; and (3) actual damages (Leder v Spiegel, 31 AD3d 266, 267-268, 819 N.Y.S.2d 26 [1st Dept 2006]). [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]
