Perdue v. Kenny A.
559 U.S. 542 (2010) Cited 2,471 times 13 Legal AnalysesHolding that enhancement is permitted only in "rare circumstances in which the lodestar does not adequately take into account a factor that may properly be considered"
Burlington v. Dague
505 U.S. 557 (1992) Cited 2,107 times 4 Legal AnalysesHolding that the contingency aspect of a case cannot be considered when determining a statutory fee award
Brown v. Allen
344 U.S. 443 (1953) Cited 2,021 times 4 Legal AnalysesHolding that a prisoner does not have "to ask the state for collateral relief, based on the same evidence and issues already decided by direct review"
Kaufman v. Cohen
307 A.D.2d 113 (N.Y. App. Div. 2003) Cited 1,166 times 4 Legal AnalysesHolding that misrepresentations by one business partner to other partners about the value of a business interest was "essential" to completing the underlying misappropriation of a business opportunity
Cohen v. Hallmark Cards
45 N.Y.2d 493 (N.Y. 1978) Cited 1,945 times 1 Legal AnalysesHolding that the standard of review in assessing a motion for judgment notwithstanding the verdict is whether there is "simply no valid line of reasoning and permissible inferences which could possibly lead rational [people] to the conclusion reached by the jury on the basis of the evidence at trial"
Professional Park v. Bedford
60 N.Y.2d 492 (N.Y. 1983) Cited 1,156 timesIn Northern Westchester Professional Park Assocs. v Town of Bedford (60 N.Y.2d 492) the Court of Appeals found that in determining whether a certain zoning regulation permitted a reasonable rate of return, a petitioner must show proof in dollars and cents of the owner's investment in the property as well as the return that the property would produce from the various uses permissible under the existing classification.
Lawrence v. Miller
2008 N.Y. Slip Op. 9434 (N.Y. 2008) Cited 403 timesAffirming denial of motion to dismiss in a legal malpractice case because the parties had not presented evidence to show whether the retainer agreement was unconscionable
Shumsky v. Eisenstein
96 N.Y.2d 164 (N.Y. 2001) Cited 365 timesHolding that the "legal malpractice cause of action against defendant accrued ... when the Statute of Limitations expired on the underlying breach of contract action"
Matter of Cooperman
83 N.Y.2d 465 (N.Y. 1994) Cited 206 timesHolding non-refundable retainers prohibited by Code of Professional Responsibility, applying provisions materially the same as Arizona's
Matter of Coughlin
221 A.D.2d 676 (N.Y. App. Div. 1995) Cited 191 timesNovember 2, 1995 Appeal from the Surrogate's Court of Chemung County (Castellino, S.). White, J. In an amended petition and final account, petitioner, the executor and attorney for the estate of Eileen G. Coughlin, sought executor's commissions of $114,016.05 and counsel fees in an amount representing 5% of the gross estate or $189,530.76. Following the filing of objections and an evidentiary hearing, Surrogate's Court approved an executor's commission of $113,105.15 but reduced petitioner's request
Section 90 - Admission to and removal from practice by appellate division; character committees
N.Y. Jud. Law § 90 Cited 5,988 times 1 Legal AnalysesObserving that conviction of a felony results in immediate disbarment of an attorney and that conviction of a “serious crime” results in suspension—with the latter defined either as a crime that is a felony “under the laws of any state, district or territory or of the United States” though not in New York, or which has, as “a necessary element ... interference with the administration of justice, false swearing, misrepresentation, fraud, willful failure to file income tax returns, deceit, bribery, extortion, misappropriation, theft, or an attempt or conspiracy or solicitation of another to commit a serious crime”