Legal Malpractice Cases

In Komolov v Popik  2020 NY Slip Op 30909(U)  April 7, 2020 Supreme Court, New York County Docket Number: Index No. 155100/2017 Judge: Barbara Jaffe determines that both prior Supreme Court judges and Appellate Division panels made fundamental mistakes.  They each inconsistently ignored a written contract.  They each applied incorrect standards to determining motions

In a legal malpractice setting, Plaintiff’s motion for partial summary judgment almost never wins. U Joon Sung v Park  2020 NY Slip Op 01571
Decided on March 10, 2020 Appellate Division, First Department illustrates the problem.  Although liability seems obvious, Plaintiff was unable to demonstrated, prima facie that he would have succeeded in proving a

It’s a chicken or the egg issue.  Attorney drafts will.  Will is negligently drafted. Time goes by.  Will proponent dies.  Beneficiary becomes executrix. Estate sues attorney drafter.  Statute of limitations is raised as a defense.  Was the malpractice complete at the will drafting, or was it complete when the negligent bequest becomes active?

Generally speaking,