Search for: "Matter of Coccia"
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16 Dec 2011, 3:07 am
Heller v Yannitelli, 525 [*3]US 1178; Pessoni v Rabkin, 220 AD2d 732; Matter of Winston, 214 AD2d 677). [read post]
11 Feb 2010, 4:10 am
in Coccia v Liotti ;2010 NY Slip Op 00917 ; Decided on February 9, 2010 ; Appellate Division, Second Department we see some very unusual language from the Appellate Division. [read post]
20 Mar 2019, 4:14 am
Here, we disagree with the Supreme Court’s determination that the defendants established their prima facie entitlement to judgment as a matter of law dismissing the first cause of action. [read post]
21 Aug 2023, 4:45 am
Nor did the terms of the retainer agreement utterly refute the factual allegations of the amended complaint and conclusively establish a defense to the allegations of liability as a matter of law to warrant dismissal pursuant to CPLR 3211(a)(1) (see Marinelli v Sullivan Papain Block McGrath & Cannavo, P.C., 205 AD3d at 715). [read post]
28 Feb 2022, 3:25 am
In support of his motion for summary judgment dismissing the complaint, the defendant demonstrated that the plaintiff would not have prevailed in an appeal from the order and judgment (see Matter of Bluestar Props. [read post]
14 May 2021, 3:34 am
Defendants establish with evidentiary proof in admissible form that Plaintiff fails “to meet the ‘case within a case’ requirement, demonstrating that ‘but for’ the attorneys’ conduct [he] would have prevailed in the underlying matter or would not have sustained any ascertainable damages” (Lieblich v Pruzan, 104 AD3d 462, 463 [1st Dept 2013]; see also Aur, 132 AD3d at 595), and Plaintiff fails to establish the existence of material issues of… [read post]
3 Mar 2023, 4:39 am
The order and judgment dismissing that proceeding was affirmed by the Appellate Division, First Department (see Matter of Mid City Elec. [read post]
