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 »
Continuous representation doctrine toll only applies to the particular matter.
In Pace v Horowitz, 190 AD3d 619 [1st Dept 2021], the court held that the continuous representation doctrine toll only applies to the particular matter, not general representation. The court held: The court correctly determined that plaintiffs failed to show that Read More »
Statute of limitations: Court dismissed client’s legal malpractice action.
In Flintlock Constr. Services, LLC v Rubin, Fiorella & Friedman, LLP, 188 AD3d 530 [1st Dept 2020], the court dismissed the client’s legal malpractice action based on the statute of limitations, holding: Plaintiff commenced this action on September 17, 2018, alleging Read More »
