25 Cited authorities

  1. United States v. Orleans

    425 U.S. 807 (1976)   Cited 1,241 times   1 Legal Analyses
    Holding that a community action agency did not act as a federal agent or instrumentality for purposes of the FTCA even though the agency was organized under federal regulations and was heavily funded by the federal government
  2. McDermott v. Torre

    56 N.Y.2d 399 (N.Y. 1982)   Cited 440 times
    Borrowing rationale from medical malpractice cases
  3. Sands v. State

    49 A.D.3d 444 (N.Y. App. Div. 2008)   Cited 121 times

    No. 3074. March 25, 2008. Order of the Court of Claims of the State of New York (Alton R. Waldon, Jr., J.), entered November 24, 2006, which granted defendants' motion to dismiss the claim and denied plaintiffs motion for leave to file a late claim, unanimously affirmed, without costs. Paul D. Creinis, L.L.C., Brooklyn (Paul D. Creinis of counsel), for appellant. Andrew M. Cuomo, Attorney General, Albany (Frank K. Walsh of counsel), for respondents. Before: Gonzalez, J.P., Buckley, Moskowitz and

  4. MB Industries, LLC v. CNA Insurance Co.

    74 So. 3d 1173 (La. 2011)   Cited 91 times
    Holding in legal malpractice action, failure to mitigate damages is an affirmative defense, and burden of proof is on party asserting defense
  5. Palumbo v. Shapiro

    81 So. 3d 923 (La. Ct. App. 2011)   Cited 41 times
    In Palumbo, the court noted that the Louisiana Supreme Court in Ferrell v. Fireman's Fund Ins. Co., 94-1252 (La. 2/20/95), 650 So. 2d 742, 747, has instructed appellate courts that when the answers on a special verdict form are inconsistent, those courts are to apply the provisions of La. C.C.P. art. 1813(E).
  6. Zinter v. Britton

    46 A.D.3d 998 (N.Y. App. Div. 2007)   Cited 40 times

    No. 502642. December 6, 2007. Appeal from an order of the Supreme Court (Nolan, Jr., J.), entered February 6, 2007 in Saratoga County, which granted defendants' motion for summary judgment dismissing the complaint. Berger, DuCharme, Harp Clark, Clifton Park (John B. DuCharme of counsel), for appellant. McNamee, Lochner, Titus Williams, P.C., Albany (Scott C. Paton of counsel), for respondents. Before: Cardona, J.P., Rose, Lahtinen and Kane, JJ., concur. Mugglin, J. Defendants were employed as salespeople

  7. Saratoga Associates Landscape Architects v. Lauter Development Group

    77 A.D.3d 1219 (N.Y. App. Div. 2010)   Cited 32 times

    No. 508179. October 28, 2010. Cross appeals (1) from an order of the Supreme Court (Teresi, J.), entered July 29, 2009 in Albany County, which partially granted a motion by defendant Abode Blue Chip, LLC for, among other things, summary judgment dismissing the complaint against it, and (2) from an order of said court, entered October 30, 2009 in Albany County, which, among other things, granted plaintiffs motion for summary judgment dismissing the counterclaim of defendant Abode Blue Chip, LLC. Wardlaw

  8. Hewitt v. Allen

    118 Nev. 216 (Nev. 2002)   Cited 44 times
    Holding that a client whose litigation counsel commits malpractice need not pursue a futile appeal to sue for malpractice but if the client does appeal "the malpractice [claim] does not accrue while an appeal from the adverse ruling is pending"
  9. Semenza v. Nevada Medical Liability Insurance Co.

    104 Nev. 666 (Nev. 1989)   Cited 59 times
    Affirming the trial court's dismissal without prejudice of a cause of action for attorney malpractice on the grounds that the action was premature, and holding that a cause of action for professional negligence is premature where there has been no final adjudication of the client's case in which the malpractice allegedly occurred, because the element of injury or damage remains speculative and remote
  10. Djoganopoulos v. Polkes

    95 A.D.3d 933 (N.Y. App. Div. 2012)   Cited 21 times

    2012-05-8 Nevin DJOGANOPOULOS, et al., respondents, v. Jonathan D. POLKES, et al., appellants. Weil, Gotshal & Manges, LLP, New York, N.Y. (Gregory Silbert of counsel), for appellants Jonathan D. Polkes and Ellen G. Polkes, and Cohen & Warren, P.C., Smithtown, N.Y. (Barry L. Warren of counsel), for appellants Jonathan D. Polkes, Ellen G. Polkes, and Elizabeth Hale (one brief filed). Joseph W. Prokop, PLLC, Central Islip, N.Y., for appellant Village of Westhampton Dunes. PETER B. SKELOS Weil, Gotshal