CPLR 3211 dismissals are granted more frequently than might be expected,  Dedaj v Berisha  decided on July 15, 2020 Appellate Division, Second Department is almost an exception.  Two items are of interest.  First, the assignment of the legal malpractice claim is affirmed, almost without comment.  Second, the (a)(7) motion is denied almost mechanically.  This is…

Schuster v Miller  2020 NY Slip Op 32291(U) July 13, 2020 Supreme Court, New York County Docket Number: 155658/2019 Judge: Kathryn E. Freed is a strange case that really seems to be about $ 10,000.  Plaintiff participated in an attorney fee request in the Matrimonial part and her affidavit there came back to haunt the…

Matin v Chowdhury  2020 NY Slip Op 32491(U)  June 18, 2020  Supreme Court, Queens County  Docket Number: 701633/2019  Judge: Joseph Risi is the story of possible dual representation in the purchase of a franchise.  Naturally something went wrong, and now there are claims and third-party claims of legal malpractice.

“Applying these principles to the…

Here, seller’s attorney is sued for a real estate transaction gone bad.  The dispute was about title problems.  In Jenkin v Cadore, 2020 NY Slip Op 03649  Decided on July 1, 2020
Appellate Division, Second Department, one important issue is that Plaintiffs did not use an expert affidavit in opposition to summary…

Real Estate claims fill a large part of the Legal Malpractice docket in New York.  This is certainly not surprising, as real estate might be the largest economic engine for New York City, and there is certainly a lot of money moving around in the real estate market.  Moncho v Miller  2020 NY Slip Op…

VPC Projects, LLC v Golenbock Eiseman Assor Bell & Peskoe LLP   2020 NY Slip Op 32069(U)   June 2, 2020  Supreme Court, New York County  Docket Number: 156097/2016  Judge: Margaret A. Chan was decided on the question of whether investigating insurance coverage for a nuisance complaint was part of the attorney-retention or merely a ministerial act,…

Legal malpractice cases frequently revolve around real estate, and almost as frequently around intra-sibling disputes.  Wong v Yeung-Ha  2020 NY Slip Op 31832(U)  June 11, 2020
Supreme Court, Kings County Docket Number: 505276/18,   Judge: Karen B. Rothenberg hits both issues when a $14 Million estate consisting of Brooklyn and Hong Kong properties devolves into a…

A client walks into the office and tells you he was hurt.  You discuss his situation, and tell him that you will not take the case.  You hand him a letter saying you will not be taking the case.  Can there be liability when he later discovers that he could have sued the City of…