Search for: "Short v. Sauers"
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19 Mar 2020, 7:02 am
But, the court declined to upset a nearly 50-year consensus holding otherwise, and, in any event, was saved from doing so by the fact that the complaint failed to plead fraud with the required particularity (Auctus Fund, LLC v. [read post]
20 Nov 2019, 4:27 am
“To establish causation, a plaintiff must show that he or she would have prevailed in the underlying action or would not have incurred any damages, but for the lawyer’s negligence” (Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d at 442; see Davis v Klein, 88 NY2d 1008, 1009 [1996]). [read post]
10 Jan 2024, 6:32 am
“To establish causation, a plaintiff must show that he or she would have prevailed in the underlying action or would not have incurred any damages, but for the lawyer’s negligence” (Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 442; see Valley Ventures, LLC v Joseph J. [read post]
10 Jun 2022, 3:31 am
Vioni v Carey & Assoc. [read post]
7 Jun 2021, 5:14 am
In this short decision, the Appellate Division recited the basic mantra of legal malpractice, but chose not to explain where Plaintiff failed. [read post]
5 Jun 2023, 6:00 am
Federal law allows respondent to carry the SIG Sauer handgun while off-duty (Id.). [read post]
5 Jun 2023, 6:00 am
Federal law allows respondent to carry the SIG Sauer handgun while off-duty (Id.). [read post]
20 Dec 2023, 1:27 pm
Because the court’s ruling in that case, Fischer v. [read post]
24 Jul 2019, 4:53 am
The short answer is to commence the action and fight over how to proceed. [read post]
2 Oct 2018, 4:14 am
” (Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 443 [2007] (quotations omitted).) [read post]
8 Oct 2019, 4:39 am
The allegations in the complaint establish that but for defendants’ conduct in withdrawing the appeal from Justice Ecker’s ruling, and in sending a different lawyer than the one promised to represent him at the reinstatement hearing, he would not have incurred damages (see Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 442 [2007]; see Weil, Gotshal & Manges, LLP v Fashion Boutique of Short Hills, Inc., 10 AD3d 267, 271-272… [read post]
20 Dec 2009, 3:02 pm
In this week’s case (Sauer v. [read post]
7 May 2018, 4:21 am
The allegations in the complaint establish that but for defendants’ conduct in withdrawing the appeal from Justice Ecker’s ruling, and in sending a different lawyer than the one promised to represent him at the reinstatement hearing, he would not have incurred damages (see Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 442 [2007]; see Weil, Gotshal & Manges, LLP v Fashion Boutique of Short Hills, Inc., 10 AD3d 267, 271-272… [read post]
19 Nov 2021, 5:18 am
Even accepting plaintiff’s allegations as true, the complaint contains no nonconclusory allegations suggesting that any negligence by defendants in their handling of the medical malpractice trial was the “but for” cause of plaintiff to sustain actual and ascertainable damages (see Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 442 [2007]). [read post]
1 Jun 2022, 3:33 am
Instead, plaintiffs seek legal fees, costs, and expenses resulting from the allegedly unnecessary arbitration (Rudolph v Shayne, Dachs, Stanisc1: Corker & Sauer, 8 NY3d 438, 443 [2007] [damages in a legal malpractice action may include “litigation expenses incurred in an attempt to avoid, minimize or reduce the damage caused by the attorney’s wrongful conduct”). [read post]
6 Nov 2012, 3:06 am
Plaintiff contends on appeal that defendants failed to meet their initial burden of presenting evidence in admissible form establishing that they had exercised the ordinary reasonable skill and knowledge commonly possessed by a member of the legal profession in discharging their obligations to plaintiff (see Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 442 [2007]; Geraci v Munnelly, 85 AD3d 1361, 1362 [2011]; Adamski v Lama, 56 AD3d 1071, 1072… [read post]
28 Sep 2022, 2:06 am
However, the Court finds that the abatement of the conviction due to Brooks’ death, by itself, falls short of being construed as a “colorable claim of innocence” required for the legal malpractice claim. [read post]
3 Aug 2022, 4:37 am
Supreme Court properly dismissed plaintiff’s legal malpractice cause of action in the original complaint because he failed to allege that “but for” defendant’s negligent conduct, he would have prevailed in the underlying action (Weil, Gotshal & Manges, LLP v Fashion Boutique of Short Hills, Inc., 10 AD3d 267, 272 [1st Dept 2004]; see Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 442 [2007]). [read post]
12 Oct 2022, 4:52 am
Supreme Court properly dismissed plaintiff’s legal malpractice cause of action in the original complaint because he failed to allege that “but for” defendant’s negligent conduct, he would have prevailed in the underlying action (Weil, Gotshal & Manges, LLP v Fashion Boutique of Short Hills, Inc., 10 AD3d 267, 272 [1st Dept 2004]; see Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 442 [2007]). [read post]
14 Oct 2008, 5:55 pm
While voters have rejected public financing of stadiums in San Jose, Milwaukee, and Seattle in ballot initiatives, those teams were still able to obtain new stadiums. [31] V. [read post]
