Singh v Pliskin, Rubano, Baum & Vitulli  2021 NY Slip Op 07019
Decided on December 15, 2021 Appellate Division, Second Department

“The plaintiff Roopnarine Singh is the majority shareholder of the plaintiff MSN Air Service, Inc. (hereinafter MSN). Edward A. Radburn is the minority shareholder of MSN. In 2009, Radburn commenced a proceeding pursuant to…

There can be liability for negligent referrals to other attorneys, and there can be vicarious liability for the acts of attorneys who are hired together or at the behest of one another.  Moncho v Miller  2021 NY Slip Op 06960
Decided on December 14, 2021, Appellate Division, First Department makes this point.

“Plaintiff 261 East…

Moncho v Miller  2021 NY Slip Op 06960 Decided on December 14, 2021 Appellate Division, First Department illustrates a number of bedrock principles in legal malpractice.  Who has standing to sue an attorney when a bankruptcy is involved is the first, which we will discuss today.

Plaintiffs filed a bankruptcy claim using attorneys who worked…

In what is this decade’s most unique Judiciary Law 487 claim, plaintiff in A.M.P. v Benjamin  2021 NY Slip Op 06589  Decided on November 24, 2021 Appellate Division, Third Department alleged that the deceit was coupled with gender discrimination and bias-related violence.

“As for plaintiff’s thirteenth cause of action, we agree with Supreme Court that …

I.M.P. Plumbing & Heating Corp. v Munzer & Saunders, LLP  2021 NY Slip Op 06544 Decided on November 23, 2021 Appellate Division, First Department stands for the unremarkable proposition that  it is a departure from good practice if an attorney fails to answer a complaint and fails to seek additional time to answer the complaint. …

In a familiar scenario, plaintiff retains attorneys to handle a transaction, and then somewhat later, hires the attorney to sue over the transaction.  In Goodman v Weiss, Zarett, Brofman, Sonnenklar & Levy, P.C. 
2021 NY Slip Op 05957 Decided on November 3, 2021 Appellate Division, Second Department the transaction was an employment contract and the…

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…