In Guliyev v Banilov & Assoc., P.C., 221 AD3d 589, 590-91 [2d Dept 2023], the court affirmed the motion to dismiss the client’s claims, holding: “On a motion to dismiss pursuant to CPLR 3211 (a) (7), the complaint must be afforded Read More »
On a motion to dismiss a complaint pursuant to CPLR 3211(a)(7)…
In Alexim Holdings, LLC v McAuliffe, 2023 NY Slip Op 05581 [2d Dept Nov. 8, 2023], the court affirmed the dismissal of a client’s legal malpractice case, holding: On a motion to dismiss a complaint pursuant to CPLR 3211(a)(7) for failure Read More »
Court dealt with Judiciary Law Section 487.
In Guliyev v Banilov & Assoc., P.C., 198 NYS3d 400, 402-03 [2d Dept 2023], the court dealt with Judiciary Law Section 487. The court held: “On a motion to dismiss pursuant to CPLR 3211(a)(7), the complaint must be afforded a liberal Read More »
Court should have accepted the plaintiff’s allegations in the complaint as true.
In Garanin v Hiatt, 219 AD3d 958, 959 [2d Dept 2023], the court held that the law firm’s motion to dismiss should have been denied since the court should have accepted the plaintiff’s allegations in the complaint as true. The court Read More »
Catch Me If You Can: The importance of an up-to-date address for Service of Process.
The defendant corporation was served with the Summons and Complaint through the New York Secretary of State, as reflected in the affidavit of service. As reflected in the certificate of service from the NYS Secretary of State, the defendant was Read More »
