The case involved a post to on online review site. The post went well beyond protected opinion and into the realm of untrue material facts. The poster further failed to disclose, and kept as a secret from the readers of the post, important facts that would have placed the target of the review in a more favorable light. The post effectively accused the target of the review of illegal acts and impugned the target’s standing in his/her trade/profession. Both representing Defamation per se. Defamation cases are not often easy cases to win, because so much of the public’s discourse is protected speech under the 1st Amendment to the U.S. Constitution.
Attorney Michael S. Pascazi Establishes as Law That a Person Need Not Seek the Waiver of a Law or Rule Prior to Litigating the Law or Rule as Written
The case involved a foreign trained lawyer (first law degree from a Law School in London, England, and an advanced law degree, LL.M., from a New York ABA Accredited Law School), who applied to the New York Board of Law Examiners (“BoLE”) to sit for the New York Bar Exam (“Bar Exam”). The Rules of the New York Court of…
Attorney Michael S. Pascazi Secures Guardianship for a Husband of His Wife When a Hospital Would No Longer Consider the Husband’s Wishes Regarding Medical Care for the Wife
The case involved a long married Husband, and his Wife who unfortunately suffered from mental illness. For quite a while, the hospital where the Wife was admitted would take direction from, and consider the wishes of the Husband, regarding the treatment of his Wife. However, there came a time when the Hospital would no longer consider what the Husband had…
Attorney Michael S. Pascazi Argues a Case of First Impression Concerning Attorney Malpractice before the N.Y.S. Supreme Court Appellate Division First Department
Michael S. Pascazi, Esq., recently argued an appeal before the New York State Supreme Court Appellate Division First Department in Manhattan. The key issue in the case, which has never been raised before, was: Did a lawyer’s failure to secure a consent to change attorney from his client, or an order of withdrawal from the court in which he was appearing, both pursuant to CPLR 321(b), toll the running of the three year statute of limitations barring a suit for attorney malpractice?
Attorney Michael S. Pascazi Secures the Rightful Return of a Beloved Family Member’s Cremated Remains for Proper Burial
Michael S. Pascazi, Esq., recently secured an order requiring a recalcitrant family member to turn over the cremated remains of a deceased family member for proper burial. A beloved family member died, and his remains were cremated. Another family member then picked up those remains and held them for a number of years, refusing to turn them over to the administrator of the decedent’s estate for proper burial in the family plot.
Attorney Michael S. Pascazi Secures Dismissal of an Attempt to Collect on a Personal Loan by a Predatory Lender
Michael S. Pascazi, Esq., recently secured on behalf of his client the dismissal of a lender lawsuit commenced about 3 years ago, during the height of the banking meltdown in the USA. The Plaintiff in the suit is a well known predatory lending firm, which specializes in high interest rate personal loans. The Plaintiff commenced suit, but, in response to the suit was not met with the typical default of the defendant, rather, was met by Attorney Pascazi’s defense.
Attorney Michael S. Pascazi Secures Court Order Requiring Yahoo! Inc. to Turn Over the Name of Anonymous E-mail Writer
Michael S. Pascazi, Esq. recently secured a court order, on behalf of a client, from the N.Y.S. Supreme Court, compelling Yahoo! Inc. to turn over the name and address of an anonymous e-mail writer, who was using his anonymity to harass and inflict emotional distress upon Attorney Pascazi’s client. This was an egregious case of intentional emotional harm, whereby, the client began receiving outrageous and harassing e-mails, immediately after the tragic and untimely death of his young son.
Attorney Michael S. Pascazi Successfully Challenges the Frivolous Pleadings of Opposing Councel, and Wins a Sanctions Payment for its Client
March 2010 Michael S. Pascazi, Esq., as Plaintiff’s attorney, was faced with pleadings, received from opposing counsel, on a motion to re-argue and renew, that were clearly frivolous, as a matter of law. Attorney Pascazi felt that Plaintiff, his client, should not have to bear the expense of dealing with frivolous papers. Attorney Pascazi brought a cross motion, on behalf…