Search for: "Szczerbiak v. Pilat"
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30 Nov 2017, 3:53 am
Viewing the evidence in the light most favorable to plaintiff, there was no rational basis by which the trier of fact could have found in his favor on his purported legal malpractice claim (see Szczerbiak v Pilat, 90 NY2d 553, 556 [1997]). [read post]
23 Oct 2017, 4:23 am
Consequently, the plaintiff failed to present a prima facie case of legal malpractice (see Dawson v Schoenberg, 129 AD3d 656), and the defendants’ motion pursuant to CPLR 4401 for judgment as a matter of law dismissing the complaint was properly granted (see Szczerbiak v Pilat, 90 NY2d 553). [read post]
2 Nov 2015, 4:00 am
When the student was not removed in a timely fashion, Dinardo alleged, the altercation which led to her injury resulted.In the words of the Dinardo court, “Affording Dinardo every inference that may properly be drawn from the evidence presented and considering the evidence in a light most favorable to her (see Szczerbiak v Pilat, 90 NY2d 553, 556 [1997]), we conclude that there is no rational process by which the jury could have reached a finding that [Dinardo]… [read post]
18 Oct 2008, 9:28 pm
The Second Department REVERSED and remitted the matter back to trial: Viewing the evidence in the light most favorable to the plaintiff (see Szczerbiak v Pilat, 90 NY2d 553, 556), the Supreme Court erred in granting the defendant's motion. [read post]
30 Jun 2015, 3:03 pm
Neither is it clear as a matter of law that Maher's actions amounted to no more than a momentary judgment lapse for which no liability attaches in an emergency situation (Szczerbiak v Pilat, 90 NY2d 553, 556). [read post]
