Plaintiff tried to use an expert’s report which summarized the estate’s account on a summary judgment opposition in Leeder v Antonucci
2021 NY Slip Op 03978 [195 AD3d 1592] June 17, 2021 Appellate Division, Fourth Department. It was submitted after oral argument of the motion.
“Addressing appeal No. 1, we conclude that the court properly…
Was this merely bad luck or worse. In either event. plaintiffs lack standing to bring this action. In Schoolman v McAuliffe 2020 NY Slip Op 34228(U) December 21, 2020 Supreme Court, Suffolk County Docket Number: 4311/2019 Judge: Sanford Neil Berland we see:
“This action arises out of three petitions initially brought under Chapter 11 of…
Wait too long, and claims get stale. Wait too long and claims disappear. That’s exactly what happened in Johnson v Braverman CPA PC 2020 NY Slip Op 33149(U) September 25, 2020 Supreme Court, New York County
Docket Number: 650894/2020 Judge: Arlene P. Bluth. A big overpayment was no longer subject to amendment and a…
Two international sophisticated insurance entities engage in multi-million dollar insurance-reinsurance agreements. What could go wrong? White Rock Ins. Co. PCC Ltd. v Lloyd’s Syndicate 4242
2021 NY Slip Op 31675(U) May 18, 2021 Supreme Court, New York County Docket Number: 652867/2020 Judge: Andrew Borrok illustrates how court view arbitration and the deference paid to it.…
Legal malpractice has a three-year statute of limitations. While that seems like a long time, litigation can take forever, and often clients try to fix the problem before suing their attorney. Sometimes they are required to try to fix things, sometimes not. Ray-Roseman v Lippes Mathias Wexler Friedman, LLP 2021 NY Slip Op 04841 Decided…
Proximate cause is a complicated way of describing the probability that x leads to y. If it is more likely than not (preponderance of the evidence) that if x, then y, then proximate cause has been made out. However, lawyers are less mathematicians than storytellers. Hence, supposition is a frequent bar to proximate cause, even…
Lest we forget the snow and ice of winter, here on a lovely August morning, Bianco v Law Offs. of Yuri Prakhin 2020 NY Slip Op 07849 [189 AD3d 1326] December 23, 2020 Appellate Division, Second Department brings back the slippery chilly days of January.
“The plaintiff allegedly slipped and fell on ice on a…
Sometimes a little explanation goes a long way in guidance to the bar. Aqua-Trol Corp. v Wilentz, Goldman & Spitzer, P.A. 2021 NY Slip Op 04652 Decided on August 11, 2021 Appellate Division, Second Department reverses a grant of summary judgment, but gives only the blackletter description of what was missing in defendant’s motion.
“In…
Merely having a good legal malpractice claim is not enough. Plaintiff must properly prosecute the claim. Forgetting the potential irony of losing a legal malpractice case for failing to follow a court rule, Allstar Elecs., Inc. v DeLuca 2020 NY Slip Op 07018 [188 AD3d 1121]
November 25, 2020 Appellate Division, Second Department demonstrates the…
It really does not matter how many times one goes to the well; there is either water or no water. In Armatas v Kestenbaum 2020 NY Slip Op 07846 [189 AD3d 1319] December 23, 2020 Appellate Division, Second Department a city attorney-defendant kept at it until the case was dismissed on all grounds, actual or…
