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15 May 2024, 3:56 am by Andrew Lavoott Bluestone
The court properly dismissed plaintiff’s claim pursuant to CPLR 3211(a)(7) because he failed to state a cause of action (Leon v Martinez, 84 NY2d 83, 87 [1994]). [read post]
4 Jan 2012, 12:13 am by Andrew Lavoott Bluestone
Parker Chapin Flatow & Kimple, LLP 305 A.D.2d 228,229,759 N.Y.S.2d 463,464 [l” Dept 20031; Turk. [read post]
17 Sep 2019, 4:30 am by Andrew Lavoott Bluestone
In reply, Harris stated that it was ARG’ s decision as to whether he would pay for anotherappraisal to support a discount. [read post]
22 Jul 2024, 5:13 am by Andrew Lavoott Bluestone
The court properly dismissed plaintiff’s claim pursuant to CPLR 3211 (a) (7) because he failed to state a cause of action (Leon v Martinez, 84 NY2d 83, 87 [1994]). [read post]
5 Jun 2015, 1:40 pm
" Finally, it is worth nothing that the court specifically rejected a line of reasoning found in the widely cited case of Chapin v. [read post]
4 Mar 2019, 4:10 am by Andrew Lavoott Bluestone
(See Voluto Ventures, LLC v Jenkens & Gilchrist Parker Chapin LLP, 46 AD3d 354, 355 [1st Dept 2007] [evidence of other factors contributing to loss not considered at pleading stage, but plaintiff must allege that legal malpractice was proximate cause of damages]). [read post]
13 Jul 2009, 1:45 am
Summary of Decision issued July 1, 2009Summaries are prepared by Law Librarians and are not official statements of the Wyoming Supreme Court.Case Name: McGarvey v. [read post]
3 Oct 2011, 9:07 pm by Dan Tokaji
McDonald Book Review Voter Fraud in the United States: Real or Imagined? [read post]
22 Apr 2019, 4:47 am by Andrew Lavoott Bluestone
”‘ (Phillips-Smith Specialty Retail Group II, LP., v Parker Chapin Flattau & Klimp, LLP, 265 AD2d at 210.) [read post]
15 Jul 2024, 4:50 am by Andrew Lavoott Bluestone
In response to Aihong You’s motion, Plaintiffs aver that the allegations meet the burden to survive a motion to dismiss because Plaintiffs need to only plead facts that permit the inference of causation and need not to establish causation (NYSCEF # 61 at 5; [citing Voluto Ventures, LLC v Jenkens & Gilchrist Chapin LLP, 46 AD3d 354, 355 [1st Dept 2007]). [read post]
6 Sep 2024, 5:44 am by Andrew Lavoott Bluestone
Plaintiff asserts that, as a result, its employees were able to file a class action lawsuit against plaintiff in New York State Supreme Court asserting violations of New York State’s Labor Law and the Fair Labor Standards Act (“FLSA”) (the “Class Action”), which plaintiff ultimately settled for over one million dollars (Id. at ¶¶9-12). [read post]