Weis v Rheem, Bell & Freeman, LLP 2022 NY Slip Op 31203(U) April 12, 2022 Supreme Court, New York County Docket Number: Index No. 160796/2020 Judge: Barbara Jaffe is a example of how courts burrow into the “but for” portion of the legal malpractice claim.
“Plaintiffs allege that in or about April 2015, plaintiff Weis…
Adams v Pulvers, Pulvers & Thompson, L.L.P. 2022 NY Slip Op 30160(U)
January 19, 2022 Supreme Court, New York County Docket Number: Index No. 154594/2021 holds that while the case was timely filed, it does not adequately say that if the underlying personal injury case had gone forward, plaintiff would have won.
“Here, Plaintiffs…
Alphas v Smith 2022 NY Slip Op 30722(U) March 7, 2022 Supreme Court, New York County Docket Number: Index No. 155790/2015 Judge: Lewis J. Lubell presents the situation in which both plaintiff and defendant file motions for summary judgment, each supported by experts. In the duel of the experts, the dual motions are both denied.…
For a plaintiff’s legal malpractice attorney, the idea of an uncollectable trial verdict is abhorrent. The balance of this decision in Matter of Heller, 2022 NY Slip Op 01877, Decided on March 17, 2022, Appellate Division, First Department is similarly a disgrace.
“Respondent Mark J. Heller was admitted to the practice of law in…
Is an attorney liable for any departure from good practice in representing a client? No. Courts very often scrutinize the retainer agreement to see if it limits the representation in any way. National Air Cargo, Inc. v Jenner & Block, LLP 2022 NY Slip Op 01900 Decided on March 18, 2022 Appellate Division, Fourth Department…
Generally speaking, a parent has little ability to sue a court appointed attorney for the children for two reasons. First, there is a lack of privity and second, court permission is often required before a court appointed attorney is subject to legal malpractice lawsuit.
Swerdloff v Swerdloff 2022 NY Slip Op 01279 Decided on March…
Ripa v Petrosyants 2022 NY Slip Op 01336 Decided on March 2, 2022
Appellate Division, Second Department can be difficult to follow The AD decision basically reverses Supreme Court on almost all of its findings, and yet leaves a case more or less intact. There are two lessons to be taken from this decision.
The…
Protostorm, Inc. v Foley & Lardner LLP, 2022 NY Slip Op 01107, Decided on February 17, 2022, Appellate Division, First Department is a short decision concerning a small act with big consequences. Waiver of “joint and several liability” may have taken place in the pleading or during the litigation. In either case, it seems…
An claim unstated in the pleadings, but which surfaces in discovery may be utilized by Plaintiff. In Leading Ins. Group Ins. Co., Ltd. (U.S. Branch), Inc. v Friedman LLP 2021 NY Slip Op 03411 [195 AD3d 418] June 1, 2021
Appellate Division, First Department a unique theory of damages was considered, and then rejected.
“Defendant…
For those who believe that oral argument really means nothing, and that the decision is already written, Halwani v Boris Kogan & Assoc., P.C. 2021 NY Slip Op 06039 [199 AD3d 413] November 4, 2021
Appellate Division, First Department may be something of a look behind the curtain. Apparently the appeal was lost at oral…
