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15 Nov 2017, 4:09 am by Andrew Lavoott Bluestone
Thus, defendant’s theory that plaintiff breached a duty of care to it by choosing to apply for attorneys’ fees via a sanctions motion instead of a motion under § 285 amounts to no more than an allegation that plaintiff made an error in judgment, which does not state a cause of action for malpractice (see Rosner v Paley, 65 NY2d 736, 738 [1985]; Sitomer v Goldweber Epstein, LLP, 139 AD3d 642 [1st Dept 2016], lv denied 28 NY3d 906… [read post]
5 Oct 2017, 4:20 am by Andrew Lavoott Bluestone
Union, AFL-CIO, 91 AD3d at 768-769; Naval v Lehman College, 303 AD2d at 662; Kourkoumelis v Arnel, 238 AD2d at 313). [read post]
5 Jul 2017, 7:07 am by Joy Waltemath
Also unavailing was the attorney’s insistence that the arbitration clause was unenforceable under state law—she attacked the lower court’s conclusion that the FAA preempts state law on the subject. [read post]
11 Apr 2017, 10:51 am by Jordan Brunner
Kenneth also flagged the Supreme Court’s grant of certiorari in Jesner v. [read post]