Cases are settled with releases, and more and more often, non-parties to the litigation are included in the release along with the parties.  Releases will be for the parties, their insurers, their agents, and often, their attorneys.  Such was the case in 179-94 ST LLC v Hassan  2022 NY Slip Op 33870(U)  November 16, 2022 …

After a long hibernation period, Grace v. Law is now appearing more frequently in legal malpractice cases, mostly as a defense to statute of limitations arguments.  Kreutzberg v Law Offs. of John Riconda, P.C.  2022 NY Slip Op 06475  Decided on November 16, 2022  Appellate Division, Second Department is one example.  Not raised in Supreme…

Murphy v Kozlowska  2022 NY Slip Op 32947(U)  September 2, 2022   Supreme Court, New York County  Docket Number: Index No. 150978/2022  Judge: Lisa S. Headley presents the classic “catch-all” bag of claims against an attorney/lawfirm.  It appears that the attorneys were defending Plaintiffs (at least one of whom is an attorney) and Plaintiffs became disenchanted…

Menkes v Greenwald  2022 NY Slip Op 32882(U)  August 24, 2022 Supreme Court, New York County  Docket Number: Index No. 159685/2021 Judge: David B. Cohen is an illustration of how the continuous representation period can end when one of the legs collapses.  Specifically the legs to continuous representation are a continuing relationship of trust and…

As if a textbook discussing many of the less obvious hurdles for a legal malpractice claimant, Brooks v Baker & Hostelter, LLP  2022 NY Slip Op 32871(U)  August 23, 2022  Supreme Court, New York County  Docket Number: Index No. 655754/2021  Judge: Arlene P. Bluth defines and sets forth the law on issues of standing, commencement…

Kaufman v Boies Schiller Flexner LLP2022 NY Slip Op 32743(U)  August 15, 2022 Supreme Court, New York County  Docket Number: Index No. 154149/2018  Judge: James d’Auguste is the very fraught story of a massively fought matrimonial action.  It seems that millions were spent on litigation.  The martial estate must have been very worthwhile.  This…

In Silverman v Eccleston Law, LLC   2022 NY Slip Op 04991  Decided on August 17, 2022 Appellate Division, Second Department, Plaintiff, an attorney, took a loan from his employer, which he agreed to repay if he resigned.  When he resigned, he hired a law firm to negotiate the repayment.  Eventually, plaintiff had to repay…

We have long observed that legal malpractice defendants, who must act according to rules devised by attorneys, and are judged by attorneys, enjoy a greater latitude in professional malpractice litigation than, say, doctors, accountants and other professionals. Though essentially anecdotal, the evidence is compelling.  That said, Bei Yang v Pagan Law Firm, P.C.
2022 NY…