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

Here is a case from the Madison St.Claire Record, detailing a legal malpractice case arising from claims in a Worker’s Compensation matter. "Frank Krausz filed a legal malpractice suit against Ann Dalton and Hammond, Shinners, Turcotte, Larrew & Young in Madison County Circuit Court Nov. 27, alleging they botched his workers’ compensation claim.

According to

It’s not possible to predict how an appellate court will decide summary judgment motions.  All know the standard.  Interpretation of the arguments varies from panel to panel.

Here is a recently decided legal malpractice summary judgment and appeal . Hamilton Duffy-Duncan, Plaintiff-Respondent, v Berns & Castro, et al., Defendants-Appellants.

2235, 27619/03 SUPREME COURT