Irony aside, there are a significant number of failures in legal malpractice litigation. These failures are aside from cases which seek to push the limits of the statute of limitations, continuous representation and non-privity claims. This can be seen in a series of cases by one pro-se plaintiff against one set of attorneys. The cases were dismissed for not serving all parties with motion papers, Manko v Gabay 2019 NY Slip Op 06080 Decided on August 7, 2019 Appellate Division, Second Department; for trying to amend too late; for failing to state a cause of action; for suing too late; and for filing an inadequate appellate record.
In a related case, Manko v Broome 2019 NY Slip Op 06075 Decided on August 7, 2019
Appellate Division, Second Department plaintiff was required to obtain permission before filing any more motions.