1. Duffy-Duncan v. Berns & Castro,2007 NY Slip Op 9493, 1st Dept, 11/29/07

Summary judgment denied and affirmed. Attorney had failed to serve a notice of claim on a Transit Authority ice patch slip and fall. Summary judgment denied for failure to demonstrate that the TA had a lack of notice of defense or a storm in progress defense. This case is notable for the Appellate Division not taking the defenses at face value.

2. Asher v. Shimbaum, 2007 Slip Op 9351, 2d Dept, 11/27/07

Plaintiff’s underlying action was commenced to enforce an oral contract between brother and sister to convey real property. Legal malpractice case is dismissed on the inability to prove the “but for” case: that plaintiff would have succeeded in the underlying action.

3. 3-Mar Service Center, Inc. v. Mahoney, Connor & Hussey, 2007 Slip Op 9363, 2d Dept, 2007

Motion to dismiss granted in Supreme Court but reversed in Appellate Division. The decision does not give facts, but this was a successive [or even a third] motion to dismiss, after an earlier appeal.

4. Olaiya v. Golden, 2007 Slip Op 9377, 2d Dept, 2007

Plaintiff loses his job at the NYC Department of Juvenile Justice, but cannot demonstrate that the attorney’s conduct was the proximate cause of his job loss.