1. Amodeo v. Gellert & Quartararo, P.C., 98541 , SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT , 2006 NY Slip Op 1343;
Legal malpractice complaint dismissed after because of delay in serving it after demand. Court found that an affidavit of merits required, and that plaintiff could not under any circumstances show merit.
2. Green v. Conciatori, 2004-09701, (Index No. 5246/04) , SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT , 2006 NY Slip Op 1278;
Legal Malpractice complaint dismissed against several of the defendants in attorney malpractice action arising after a very long personal injury case, with the curious allegation that they failed to find out facts about the underlying accident which differed from the facts told to them by plaintiff; other claims were time barred because they referred to a firm which was disbanded in 1994; this must have been a very long personal injury litigation with a trial and probably after-trial motion work and appeals.
3. Bellantoni v. Kelligrew, 2005-02968, (Index No. 8299/03) , SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT , 2006 NY Slip Op 1270;
Appeal dismissed because it arose from denial of a motion to re-argue.
4. Russell v Demandville Mtge. Corp., 37200/04, SUPREME COURT OF NEW YORK, KINGS COUNTY, 2006 NY Slip Op 50231U;
This case arises from a plaintiff who borrows money from a mortgage company to perform renovations on a building. The attorney, working for lender actually acts as escrow agent, and when the money is disbursed to the contractor rather than the borrower, and the contractor does not complete the work, plaintiff sues. In this case, the attorney is held in as an escrow agent, rather than simply in legal malpractice.