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INTERNATIONAL ELECTRON DEVICES (USA v. MENTOR, RUDIN & TRIVELPIECE, P.C.

Citations: 94 A.D.3d 1413; 944 N.Y.S.2d 713Docket: CA 11-01513

Court: Appellate Division of the Supreme Court of the State of New York; April 20, 2012; New York; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

The Supreme Court of the State of New York, Appellate Division, Fourth Judicial Department, upheld a decision in the case involving International Electron Devices (USA) LLC and International Electron Devices, Ltd. as plaintiffs-appellants against Menter, Rudin, Trivelpiece, P.C. as defendant-respondent. The court affirmed an order and judgment from the Supreme Court, Onondaga County, which granted the defendant's motion for summary judgment in a legal malpractice action. The judgment was issued on April 20, 2011, and the appellate court's affirmation was entered on April 20, 2012, with no costs assigned. The plaintiffs were represented by attorney Amy Posner from New York City, while the defendant was represented by Thorn Gershon Tymann Bonanni, LLP, with Matthew H. McNamara as counsel.

Legal Issues Addressed

Allocation of Costs in Appellate Decisions

Application: No costs were assigned in the appellate court's decision, illustrating the court's discretion in determining cost allocation in appeals.

Reasoning: The appellate court's affirmation was entered on April 20, 2012, with no costs assigned.

Appellate Review of Lower Court Decisions

Application: The Appellate Division upheld the lower court's decision, demonstrating deference to the trial court's judgment after reviewing the facts and legal standards applied.

Reasoning: The Supreme Court of the State of New York, Appellate Division, Fourth Judicial Department, upheld a decision in the case involving International Electron Devices (USA) LLC and International Electron Devices, Ltd. as plaintiffs-appellants against Menter, Rudin, Trivelpiece, P.C. as defendant-respondent.

Legal Malpractice and Summary Judgment

Application: The appellate court affirmed the lower court's grant of summary judgment in favor of the defendant, indicating that the plaintiff failed to demonstrate sufficient evidence of malpractice to proceed to trial.

Reasoning: The court affirmed an order and judgment from the Supreme Court, Onondaga County, which granted the defendant's motion for summary judgment in a legal malpractice action.