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13 Dec 2021, 3:06 am by Andrew Lavoott Bluestone
The complaint also failed to adequately allege actual, ascertainable damages (see Denisco v Uysal, 195 AD3d 989, 991; Katsoris v Bodnar & Milone, LLP, 186 AD3d at 1506). [read post]
18 Oct 2017, 9:30 pm by Sara Bodnar
Supreme Court decision known as Chevron v. [read post]
17 Apr 2023, 5:20 am by Andrew Lavoott Bluestone
“The fact that the plaintiff subsequently was unhappy with the settlement [she] obtained . . . does not rise to the level of legal malpractice” (Katsoris v Bodnar & Milone, LLP, 186 AD3d at 1506 [internal quotation marks omitted]; see Schiller v Bender, Burrows & Rosenthal, LLP, 116 AD3d 756, 758; Holschauer v Fisher, 5 AD3d 553, 554). [read post]
17 Oct 2022, 3:00 am by Andrew Lavoott Bluestone
Moreover, the plaintiff’s allegations that the failure of the defendants to make such an application constituted negligence were conclusory (see [*3]Katsoris v Bodnar & Milone, LLP, 186 AD3d 1504, 1506; Hashmi v Messiha, 65 AD3d 1193, 1194-1196). [read post]
20 Apr 2023, 11:00 am by The Clinton Law Firm
She was unable to state a claim because she could not establish that the lawyer’s legal work was the cause of the termination. [read post]
5 Jun 2023, 3:43 am by Andrew Lavoott Bluestone
” “ Here, the plaintiffs failed to plead that, but for the defendants’ negligence, they would have prevailed in the underlying action (see Katsoris v Bodnar & Milone, LLP, 186 AD3d at 1506; Keness v Feldman, Kramer & Monaco, P.C., 105 AD3d at 813). [read post]
19 Aug 2022, 4:42 am by Andrew Lavoott Bluestone
The plaintiff merely alleged that had the defendant shared with him information imparted by Ameriprise’s attorney concerning the low rate of success of challenges to note collection proceedings, he would have insisted on settlement discussions (see Katsoris v Bodnar & Milone, LLP, 186 AD3d at 1506; Janker v Silver, Forrester & Lesser, P.C., 135 AD3d 908, 909; see also Bauza v Livington, 40 AD3d 791, 793). [read post]
3 Jan 2022, 5:28 am by Andrew Lavoott Bluestone
The defendants also failed to demonstrate that their actions were protected by the attorney judgment rule (see generally Rosner v Paley, 65 NY2d 736, 738; Katsoris v Bodnar & Milone, LLP, 186 AD3d at 1505). [read post]
11 May 2016, 9:30 pm by Sara Bodnar
The 2009 Supreme Court decision, Entergy Corp. v. [read post]
30 Oct 2023, 5:01 am by Andrew Lavoott Bluestone
Schwartzman, Inc. at 704; Katsoris v Bodnar & Milone, LLP, 186 A.D.3d1504 [2d Dept. 2020}; Gall v Colon;.Sylvain, 151 A.D.3d 698 [2d Dept. 2017]). [read post]
1 Aug 2012, 9:35 pm
Jan Filipek & Dzmitry Hruzdou, Maritime Delimitation in the Barents Sea and International Practice in Maritime Delimitation Adam Bodnar & Irmina Pacho, Domestic Investigation into Participation of Polish Officials in the CIA Extraordinary Rendition Program and the State Responsibility under the European Convention on Human Rights Karolina Wierczy? [read post]
4 Mar 2024, 3:22 am by Andrew Lavoott Bluestone
“Allegations regarding an act of deceit or intent to deceive must be stated with particularity” (Bill Birds, Inc. v Stein Law Firm, P.C., 164 AD3d 635, 637 [2018], affd 35 NY3d 173 [2020]; see CPLR 3016 [b]; Palmieri v Perry, Van Etten, Rozanski & Primavera, LLP, 200 AD3d 785, 787 [2021]). [read post]
25 Nov 2008, 12:20 pm
Nassau County, 99 NY2d 285, that claims filed with the NY State Division of Human Rights, an administrative agency, do not require the filing of a Notice of Claim pursuant to Education Law Section 3813, has ruled that such notice is not required with respect to improper practice charges filed with it.Similarly, the Commissioner of Education has held that Section 3813 does not apply to appeals brought under Section 310 of the Education Law [Appeals of Bodnar and DeGiglio, 1990… [read post]
14 Dec 2016, 4:38 am by Edith Roberts
Reed Stephens and Alisha Johnson look at the court’s decision in State Farm Fire and Casualty Co. v. [read post]