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24 Jun 2022, 9:05 pm by Public Employment Law Press
Matter of Martinez v City of New York 2022 NY Slip Op 04096 Decided on June 23, 2022 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. [read post]
24 Jun 2022, 9:05 pm by Public Employment Law Press
Matter of Martinez v City of New York 2022 NY Slip Op 04096 Decided on June 23, 2022 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. [read post]
4 Apr 2022, 3:58 am by Andrew Lavoott Bluestone
Here, the plaintiff failed to state causes of action sounding in breach of contract, legal malpractice, breach of fiduciary duty, and fraud, as she failed to adequately allege the element of [*2]damages with respect to each of those causes of action (see Denisco v Uysal, 195 AD3d 989; McSpedon v Levine, 158 AD3d 618, 621; Bua v Purcell & Ingrao, P.C., 99 AD3d 843, 848; Smith v Chase Manhattan Bank, USA, 293 AD2d 598,… [read post]
24 Nov 2021, 10:22 am
The standard of proof is not stringent, amounting only to some firsthand confirmation of the facts" (Joosten v Gale, 129 AD2d 531, 535 [1st Dept 1987]; see Martinez v Reiner, 104 AD3d 477, 478 [1st Dept 2013]; Beltre v Babu, 32 AD3d 722, 723 [1st Dept 2006]). [read post]
17 Jul 2021, 7:31 am by Eric Goldman
Winn-Dixie Reviewing the Americans With Disabilities Act’s Application to Websites–Martinez v. [read post]
11 Oct 2018, 4:16 am by Edith Roberts
Commentary comes from Liz Martinez in an op-ed for The Hill. [read post]
27 Apr 2018, 3:52 am by Andrew Lavoott Bluestone
A claim for contribution may be established, among other ways, where the party from whom contribution is sought owed a duty to the injured plaintiff, and a breach of this duty contributed to the plaintiff’s alleged injury (see Morris v Home Depot USA, 152 AD3d 669, 671-672; Phillips v Young Men’s Christian Assn. [read post]
10 Jan 2018, 4:12 am by Andrew Lavoott Bluestone
“Accepting plaintiff client’s allegations as true and drawing all reasonable inferences in its favor (see Leon v Martinez, 84 NY2d 83, 87-88 [1994]), a legal malpractice claim was sufficiently alleged (see Fielding v Kupferman, 65 AD3d 437, 439 [1st Dept 2009]). [read post]
27 Sep 2017, 4:14 am by Andrew Lavoott Bluestone
These factual allegations, as supplemented by plaintiffs’ papers in opposition to defendant attorney’s dismissal motion, sufficiently alleged a legal malpractice claim (see generally Leon v Martinez, 84 NY2d 83, 87-88 [1994]; see Brooks v Lewin, 21 AD3d 731, 734 [1st Dept 2005], lv denied 6 NY3d 713 [2006]; Escape Airports [USA], Inc. v Kent, Beatty & Gordon, LLP, 79 AD3d 437 [1st Dept 2010]). [read post]
12 Jan 2017, 7:01 am by John Elwood
National Association of Manufacturers v. [read post]