Search for: "McCoy v. McCoy" Results 261 - 280 of 614
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14 Jul 2009, 5:08 am
  "To sustain a cause of action alleging legal malpractice, a plaintiff must establish that the attorney "failed to exercise the ordinary reasonable skill and knowledge commonly possessed by a member of the legal profession," and that the attorney's breach of this duty proximately caused the plaintiff actual and ascertainable damages (Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 442, quoting McCoy v Feinman,… [read post]
29 Nov 2010, 6:42 am by By Adam Wahlberg
McCoy, Individually and on Behalf of All Others Similarly Situated, with Seth P. [read post]
21 Dec 2007, 3:18 am
" Here, the earliest ascertainable date that the plaintiffs' legal malpractice cause of action existed is December 21, 1992, the date that the agreement was entered into (see McCoy v Feinman, 99 NY2d 295; Town of Wallkill v Rosenstein, 40 AD3d 972). [read post]
1 May 2008, 4:44 am
In support of their respective motions pursuant to CPLR 3211(a)(5), each of the defendants demonstrated, prima facie, that the time in which to sue had expired and that the complaint was time-barred as against them (see McCoy v Feinman, 99 NY2d 295, 785 N.E.2d 714, 755 N.Y.S.2d 693; Sabadie v Burke, 47 AD3d 913, 849 N.Y.S.2d 440; Matter of Schwartz, 44 AD3d 779, 843 N.Y.S.2d 403; Savarese v Shatz, 273 AD2d 219, 708 N.Y.S.2d 642; CPLR 214[6]). [read post]
6 Jul 2009, 9:26 am
Watch Tribal Rights in Education Nationally and in Your State Melody McCoy | Native American Rights Fund, Boulder, Colorado Watch Tribal Tax Planning for Construction and Other Projects After Barona v. [read post]
17 Dec 2008, 3:41 am
Since the cause of action accrued no later than May 2002 and was not interposed until June 2007, it was time-barred (see McCoy v Feinman, 99 NY2d 295, 301; Glamm v Allen, 57 NY2d 87, 93). [read post]
4 Dec 2010, 9:00 am by Anna Christensen
McCoy (09-329) and Chamber of Commerce v. [read post]
28 Mar 2011, 6:00 am by Beth Graham
On February 18, 2011, The Northern District of Texas issued a Temporary Restraining Order (TRO) enjoining multiple arbitration proceedings before the Financial Industry Regulatory Authority (FINRA) in Billitteri v. [read post]
23 Apr 2018, 4:55 am by Andrew Lavoott Bluestone
“Defendant established its entitlement to dismissal on statute of limitation grounds by submitting evidence that the malpractice occurred in 2008, but plaintiff did not commence this action until March 2016, well beyond the three-year limitation period for legal malpractice (CPLR 214[6]; see McCoy v Feinman, 99 NY2d 295, 301 [2002]; Ackerman v Price Waterhouse, 84 NY2d 535, 541 [1994]; Glamm v Allen, 57 NY2d 87, 93 [1982]). [read post]
2 Dec 2020, 6:29 am by James Romoser
Earlier this year, the court decided in Ramos v. [read post]
31 Oct 2022, 4:58 am by Andrew Lavoott Bluestone
In the civil context, the claim “accrues when the malpractice is committed” (Ruggiero v Powers, 284 AD2d 593, 594 [3d Dept 2001], lv dismissed 97 NY2d 638 [2001]), “not at the time that the injury is discovered” (Lavelle-Tomko v Aswad & Ingraham, 191 AD3d 1142, 1143 [3d Dept 2021]; see McCoy v Feinman, 99 NY2d 295, 301 [2002]). [read post]
21 Oct 2022, 6:20 am by Andrew Lavoott Bluestone
Contrary to plaintiff’s contentions, the outstanding counterclaim in the employment action and defendants’ failure to move to be relieved in that action did not show a mutual understanding of a need for further representation (see McCoy v Feinman, 99 NY2d 295, 306 [2002]; Farina v Katsandonis, P.C., 197 AD3d 1033, 1033-34 [1st Dept 2021]; Hirsch v Fink, 89 AD3d 430, 431 [1st Dept 2011]). [read post]