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11 Dec 2023, 4:54 am by Franklin C. McRoberts
Corp., 283 AD2d 128 [2d Dept 2001]), or “invalid” (Stile v Antico, 272 AD2d 403 [2d Dept 2000]). [read post]
10 Mar 2022, 9:14 am by Richard Hunt
Adriatica Intl., Inc., 2:21-CV-08908-FLA-KS, 2021 WL 5494163, at *2 (C.D. [read post]
6 Oct 2021, 5:26 am by Andrew Lavoott Bluestone
“Whether a plaintiff can ultimately establish its allegations is not part of the calculus in determining a motion to dismiss” (EBC I, Inc. v Goldman, Sachs & Co., 5 NY3d 11, 19 [2005]; see Carlson v American Intl. [read post]
14 Apr 2021, 3:14 am by Andrew Lavoott Bluestone
Moreover, since the fraud claim is time-barred, the claim for conspiracy to commit fraud, which is not an independent cause of action in New York, is not viable (EVEMeta, LLC v Siemens Convergence Creators Corp., 173 AD3d 551, 553 [1st Dept 2019]). [read post]
14 May 2019, 4:25 am by Andrew Lavoott Bluestone
Delay in obtaining adverse evidence and overbilling are both claimed in Ostrolenk Faber LLP v Sakar Intl., Inc. [read post]