Acrobat PDF Version Two partners owned vacant lots in Manhattan and wanted to build on them. They found two developers who pitched building townhouses on the lots. The four of them entered into a joint venture agreement (“JVA”). [1] Essentially, Read More »
Attorney retainer agreement should state matters for which the attorney is NOT retained.
It is important for a retainer agreement to lay out not only the matters that the attorney will represent the client on but also those that the attorney will not provide representation. The client defeated the motion to dismiss in Read More »
Complaint failed to adequately allege actual, ascertainable damages.
In Katsoris v Bodnar & Milone, LLP, 186 AD3d 1504 [2d Dept 2020], the court affirmed dismissal of the case, holding that: Here, the complaint failed to adequately allege actual, ascertainable damages. The general allegations that, as a result of the Read More »
Rehabilitation Center: Arguing with a nursing home administrator is like wrestling with a pig in the mud: After a few minutes, you realize the pig likes it.
She had to convalesce in a rehabilitation center for comprehensive (sub-acute) in-patient care following illness. Upon admission, the resident was presented with the facility’s admission agreement for her to sign. The agreement provided that, in exchange for payment through Medicaid, Read More »
Retainer agreements should set forth scope of lawyer’s representation.
Portus Singapore PTE LTD v Kenyon & Kenyon LLP, 449 F Supp 3d 402, 411-15 [SDNY 2020] serves as a reminder that the scope of the lawyer’s representation should be set forth in the retainer agreement. As the federal court Read More »
