In Pace v Horowitz, 190 AD3d 619 [1st Dept 2021], the plaintiffs could not show that the continuous representation toll applied. It was held: The court correctly determined that plaintiffs failed to show that there is an issue of fact as Read More »
Court relied on an order as documentary evidence.
In Zeppieri v Vinson, 190 AD3d 1173 [3d Dept 2021], the court affirmed the dismissal of a legal malpractice action where the lower court relied on an order as documentary evidence. The court held: Plaintiff Thomas J. Zeppieri is the Chief Read More »
re Article 16 joint tortfeasors
In Lavelle-Tomko v Aswad & Ingraham, 191 AD3d 1142, 1148 [3d Dept 2021], the court dismissed the law firm’s affirmative defense re Article 16 joint tortfeasors, holding: “plaintiff is entitled to dismissal of defendants’ third affirmative defense based on CPLR article Read More »
Ejectment of Boxing Gym: Throw in the Towel!
COVID-19 has had a deleterious effect on New York’s commercial landlords. Due to the pandemic, many tenants have been unable to meet their lease obligations; in turn, this has resulted in the domino effect of landlords being unable to meet Read More »
Only certain documentary evidence can qualify for dismissal of an action.
The court in Bianco v Law Offices of Yuri Prakhin, 189 AD3d 1326 [2d Dept 2020] held that only certain documentary evidence can qualify for dismissal of an action under CPLR 3211(a)(1): On a motion to dismiss pursuant to CPLR Read More »
