Search for: "State v. Dempster"
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2 Jun 2011, 2:36 am
In Dempster v Liotti ; 2011 NY Slip Op 04408 ; Decided on May 24, 2011 ; Appellate Division, Second Department ; Belen, J. we see a prime example. [read post]
13 Dec 2021, 3:06 am
The plaintiff must plead actual ascertainable damages resulting from the attorney’s negligence (see Katsoris v Bodnar & Milone, LLP, 186 AD3d at 1506; Dempster v Liotti, 86 AD3d at 177). [read post]
18 Feb 2020, 4:46 am
Accordingly, as Izmirligil did not commence the instant action until 2015, the RICO cause of action was time-barred (see Dempster v Liotti, 86 AD3d at 179). [read post]
27 Aug 2007, 2:58 pm
In another Appellate Division case, Dempster v. [read post]
5 Sep 2019, 4:33 am
“To state a cause of action to recover damages for legal malpractice, a plaintiff must allege: (1) that the attorney failed to exercise the ordinary reasonable skill and knowledge commonly possessed by a member of the legal profession; and (2) that the attorney’s breach of the duty proximately caused the plaintiff actual and ascertainable damages” (Dempster v Liotti, 86 AD3d 169, 176 [2011] [internal quotation marks omitted]; see Leder v… [read post]
13 Apr 2020, 5:23 am
“To state a cause of action to recover damages for legal malpractice, a plaintiff must allege: (1) that the attorney ‘failed to exercise the ordinary reasonable skill and knowledge commonly possessed by a member of the legal profession’; and (2) that the attorney’s breach of the duty proximately caused the plaintiff actual and ascertainable damages” (Dempster v Liotti, 86 AD3d 169 [2d Dept 2011] citing Leder v Spiegel, 9 NY3d 836… [read post]
29 Nov 2021, 4:32 am
However, any negligence on defendants’ part in failing to oppose that motion was not a proximate cause of damages to plaintiffs since the Heena complaint failed to state a cause of action and was refuted by documentary evidence, and plaintiffs do not contend that this was a “remediable defect” (see Dempster v Liotti, 86 AD3d 169, 179-180 [2d Dept 2011]). [read post]
2 Jan 2023, 3:03 pm
Region, 558 U.S. 67, 81 (2009) (quoting United States v. [read post]
28 Jan 2022, 3:59 am
Dempster v Liotti, 86 AD3d 169, 181). [read post]
26 Feb 2019, 4:23 am
To recover damages for legal malpractice, a plaintiff must establish “that the attorney failed to exercise the ordinary reasonable skill and knowledge commonly possessed by a member of the legal profession and that the attorney’s breach of this duty proximately caused plaintiff to sustain actual and ascertainable damages” (Dombrowski v Bulson, 19 NY3d 347, 350 [internal quotation marks omitted]; see Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d… [read post]
2 Dec 2014, 9:02 am
Dempster, Case Nos. 13-3305, 14-1572 (3d Cir., Sept. 4, 2014). 2. [read post]
20 Jul 2022, 3:06 am
“ ’To state a cause of action to recover damages for legal malpractice, a plaintiff must allege: (1) that the attorney failed to exercise the ordinary reasonable skill and knowledge commonly possessed by a member of the legal profession; and (2) that the attorney’s breach of the duty proximately caused the plaintiff actual and ascertainable damages’ ” (Lopez v Lozner & Mastropietro, P.C., 166 AD3d 871, 873 [2018],… [read post]
13 Jul 2012, 2:40 am
Spiegel v Rowland, 552 US 1257; see Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 442; McCoy v Feinman, 99 NY2d 295, 301-302; Gioeli v Vlachos, 89 AD3d 984; Dempster v Liotti, 86 AD3d 169, 176). [read post]
23 May 2022, 3:58 am
In light of the discretion imparted by the consent form, “the plaintiff[s’] contention that the alleged malpractice resulted in legally cognizable damages is conclusory and speculative inasmuch as it is premised on decisions that were within the sole discretion of the [hospital]” (Bua v Purcell & Ingrao, P.C., 99 AD3d at 848; see AmBase Corp. v Davis Polk & Wardwell, 8 NY3d 428, 436; Dempster v Liotti, 86 AD3d at… [read post]
29 Sep 2007, 11:00 pm
For example, in Dempster v. [read post]
30 May 2012, 3:28 am
" Dempster v. [read post]
15 Sep 2007, 7:49 pm
April 2004 CanadaAbstractAlthough some studies suggest positive effects of treatment for sexual offenders, most studies have been hampered by the unknown influence of selective attrition (e.g., volunteers and drop-outs). [read post]
