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A critical inquiry to be considered at the outset of any litigation is whether the party seeking relief is, in fact, a proper party to seek the court’s adjudication of the dispute. This concept is known as “standing,” which is a threshold determination to be made by the court, the absence of which warrants dismissal of a pleading under
Last month, Albany Commercial Division Justice Richard M. Platkin issued a decision in
Keach v BST & Co. CPAs, LLP confirming that in order for the plaintiff in a hacking/data breach action to survive a