Search for: "Mitschele v Schultz"
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13 Sep 2021, 5:55 am
This may occur where the parties engaged in a continuous professional relationship, such as where [the] same accounting firm provided ongoing services in addition to the yearly preparation of tax returns; however, this tolling of the statute is only appropriate where the continuous representation was in connection with the particular transaction which is the subject of the action” (Mitschele v Schultz, 36 AD3d 249, 252-53, 826 NYS2d 14 [1st Dept 2006]). [read post]
21 Nov 2017, 4:07 am
McLaren, P.C. v Massand Eng’g, L.S., P.C., 51 AD3d 878, 878; Giarratano v Silver, 46 AD3d 1053, 1055; Booth v Kriegel, 36 AD3d 312, 314; Mitschele v Schultz, 36 AD3d 249, 253). [read post]
7 Dec 2006, 12:12 am
Schultz, defendants-respondents
NEW YORK COUNTYBusiness LawBreach of Contract Claim Is Dismissed, Application Of Limited Liability Company Law Needs Clarity Klein v. 599 Eleventh Avenue Co. [read post]
13 Apr 2012, 3:20 am
The complaint is "nothing more than a rephrasing of the claim of malpractice in the language of breach of contract" (Mitschele v Schultz, 36 AD3d 249, 252). [read post]
3 Nov 2011, 2:35 am
However, as discussed, plaintiff adequately pleads a distinct cause of action for fraud against Van Epps which goes beyond ordinary malpractice (see Simcuski v Saeli, 44 NY2d 442, 453 [1978][finding that an independent cause of action for fraud against a professional may be established when exposure to liability "is not based on errors of professional judgment, but is predicated on proof of the commission of an intentional tort, in this instance, fraud"]; see also… [read post]
2 Nov 2009, 3:44 am
However, as discussed, plaintiff adequately pleads a distinct cause of action for fraud against Van Epps which goes beyond ordinary malpractice (see Simcuski v Saeli, 44 NY2d 442, 453 [1978][finding that an independent cause of action for fraud against a professional may be established when exposure to liability "is not based on errors of professional judgment, but is predicated on proof of the commission of an intentional tort, in this instance, fraud"]; see also… [read post]
