Judiciary Law § 487 is the oldest statute in the US common law, dating from medieval English law.  It’s purpose is to regulate and punish deceit by attorneys.  The First Department looks at the purpose of Judiciary Law § 487 damages in Jean v Chinitz  2018 NY Slip Op 05521 [163 AD3d 497] July 26,…

Most people fixate on the first element of legal malpractice – departure from good practice.  Leeder v Antonucci  2019 NY Slip Op 05898  Decided on July 31, 2019
Appellate Division, Fourth Department looks at the last of the elements – ascertainable damages, as well as examines continuous representation in a statute of limitations setting.

“We…

Knox v Aronson, Mayefsky & Sloan, LLP  2018 NY Slip Op 09030 [168 AD3d 70]  December 27, 2018 Singh, J.  Appellate Division, First Department illustrates some important and bedrock doctrines found in legal malpractice:  the “but for” requirement, the “successor attorney” doctrine and the question of “duplication.”

“In July 2013, plaintiff sought to temporarily move…

It’s rare to see a Judiciary Law § 487 Claim; even rarer to see one that survives motion practice.  Gerard Fox Law, P.C. v Vortex Group, LLC  2019 NY Slip Op 32065(U)  July 9, 2019
Supreme Court, New York County  Docket Number: 654794/2018  Judge: Andrew Borrok is a case which makes the successful leap.

“This…

Graves v Stanclift, Ludemann, McMorris & Silvestri, P.C.  2019 NY Slip Op 05608  Decided on July 11, 2019 Appellate Division, Third Department is the story of a legal malpractice claim which alleges that the attorneys simply did no work in opposition to summary judgment and that the documents and facts existed which would have successfully…

The statute of limitations is approaching yet plaintiff has not suffered ascertainable damages.  Potential damages loom, but nothing has actually happened yet.  What to do if your attorney has made a mistake (perhaps a big mistake) yet actual ascertainable damages may yet be speculative?

The short answer is to commence the action and fight over…

Hinnant v Carrington Mtge. Servs., LLC  2019 NY Slip Op 03575 [172 AD3d 827]  May 8, 2019
Appellate Division, Second Department is an example of overeaching by plaintiff, seeking to bring in the opponent’s attorney.  There is no privity with the opponent’s attorney absent some very small exceptions.  Privity is a requirement for a good…

Architects, similar to attorneys, can be liable for general torts as well as breach of contract.  For the most part, it’s one or the other.  In Junger v John V. Dinan Assoc., Inc.  2018 NY Slip Op 06232 [164 AD3d 1428]  September 26, 2018  Appellate Division, Second Department we see how the claims are evaluated.…