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28 Nov 2011, 6:59 am by Andrew Lavoott Bluestone
 Gioeli v Vlachos ;2011 NY Slip Op 08559 Decided on November 22, 2011  Appellate Division, Second Department . [read post]
7 Dec 2011, 3:10 am by Andrew Lavoott Bluestone
It is undisputed that the defendants failed to submit such "documentary evidence" when they filed the underlying claim in the Court of Claims and that the underlying claim was dismissed based on that pleading defect (Reed v State of New York, [*2]78 NY2d 1, 7; Gioeli v State of New York, 39 AD3d 815; Piccarreto v State of New York, 144 AD2d 920, 921; Heiss v State of New York, 143 AD2d 67, 69; Ivey v… [read post]
13 Jul 2012, 2:40 am by Andrew Lavoott Bluestone
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]