Fraud on the court is not really “fraud” as it is generally used. Pritsker v Zamansky LLC 2021 NY Slip Op 05678 Decided on October 19, 2021
Appellate Division, First Department discusses a selective quote and whether it was fraud on the court.
“As the basis for seeking vacatur of the November 2018 order,…
Plaintiff enunciated a good legal malpractice claim, but failed to state a good damages claim for loss of sales value in real estate, In 83 Willow, LLC v Apollo 2020 NY Slip Op 05843 [187 AD3d 563] October 20, 2020
Appellate Division, First Department the court wrote:
“For purposes of the motion, defendant does…
Accountants (in general) may rely upon information given to them by the client and are not under a general requirement to investigate. This state of affairs doomed Deane v Brodman 2021 NY Slip Op 01842 [192 AD3d 577] March 25, 2021 Appellate Division, First Department.
“Defendants are entitled to summary judgment dismissing the professional negligence…
Gill v. Doubherty, 2020 NY Slip Op 06758 [188 AD3d 1008] November 18, 2020 Appellate Division, Second Department is a reversal of Supreme Court’s denial of a CPLR 3211 motion.
“In an action, inter alia, to recover damages for violation of Judiciary Law § 487 and defamation, the defendants Iona College and Kathleen McElroy appeal,…
Pinkesz Mut. Holdings, LLC v Pinkesz 2021 NY Slip Op 05359 Decided on October 6, 2021 Appellate Division, Second Department makes an interesting distinction between “civil fraud upon the court” and Judiciary Law §487. There is a question raised (and not decided) whether certain conduct during the course of litigation can give rise to a…
It’s not always true that plaintiff can rely upon the filing date of a consent to change attorney as the end of continuous representation. In certain circumstances it can end much earlier. Nevertheless, in Farina v Katsandonis, P.C.2021 NY Slip Op 05078 Decided on September 28, 2021
Appellate Division, First Department it was…
Darby Scott, Ltd. v Michael S. Libock & Co. LLC CPAs 2020 NY Slip Op 34343(U) December 31, 2020 Supreme Court, New York County
Docket Number: 653044/2013 Judge: Robert D. Kalish is a script for how a CPA malpractice case is put together and defended against. It ultimately failed for statute of limitations, lack…
Judiciary Law § 487 is hard to prove to a court’s satisfaction. It is not “lightly given” and rarely proceeds past the pleading stage. Dreamco Dev. Corp. v Empire State Dev. Corp. 2021 NY Slip Op 00952 [191 AD3d 1444] February 11, 2021 Appellate Division, Fourth Department is a recent example.
“We likewise agree with…
Hartford Fire Ins. Co. v Sedgwick Claims Mgt. Servs., Inc. 2021 NY Slip Op 30438(U) February 16, 2021 Supreme Court, New York County Docket Number: 653915/2015 Judge: Andrea Masley is a case concerning the failures at trial of a medical malpractice case, and how that can play out in different states.
“In this breach of…
Judiciary Law 487 is the ancient deceit statute concerning attorneys. It is not “lightly given” and remains a rarely successful remedy. Lavelle-Tomko v Aswad & Ingraham 2021 NY Slip Op 01112 [191 AD3d 1142]
February 18, 2021 Appellate Division, Third Department is an example.
“After plaintiff was terminated by her former employer (hereinafter Century 21)…
