Gorbatov v Tsirelman 2017 NY Slip Op 07979 [155 AD3d 836] November 15, 2017 Appellate Division, Second Department is an example of allegations of legal malpractice and Judiciary Law § 487 that the Second Department find sufficient to avoid dismissal under CPLR 3211.
“The plaintiff Yevgeny Gorbatov is a licensed acupuncturist and the principal of…
There are some unique rules and principles in legal malpractice. One of them is that damages have to be in the nature of pecuniary or economic loss. Another is that damages have to be proximately linked to the departure by the attorney.
In Iannucci v Kucker & Bruh, LLP 2018 NY Slip Op 03514 Decided…
Glaubach v PricewaterhouseCoopers, LLP 2018 NY Slip Op 30875(U) May 9, 2018 Supreme Court, New York County Docket Number: 157993/2016 Judge: O. Peter Sherwood is something of a nightmare. Plaintiff is the founder, former president and a minority shareholder of a home health services company which is successful. He takes a medical leave and all…
Sexual misconduct in the educational and more especially the school sport arena has become omnipresent. In Mulligan v Long Is. Fury Volleyball Club 2018 NY Slip Op 28132
Decided on May 1, 2018 Supreme Court, Suffolk County Santorelli, J. we see the effects of decisions by sport officials in handling reports of sexual misconduct between…
Garcia v Polsky, Shouldice & Rosen, P.C. 2018 NY Slip Op 03339 Decided on May 9, 2018
Appellate Division, Second Department illustrates a common problem in legal representation. Plaintiff is injured on the job, but may have a personal injury or product liability case as well. Some firms specialize in WC work and don’t really…
Post-nuptual agreements are highly scrutinized and subject to strict rules. In Barrett v Goldstein 2018 NY Slip Op 03325 Decided on May 8, 2018 Appellate Division, First Department we see a situation in which a post-nuptial agreement that is poor for plaintiff is left in place, and none of the reviewing attorneys can be held…
Justice Scarpula wades into a hotly contested multi-state, multi-party case to discuss, inter alia, Judiciary Law § 487. In SPV-LS LLC v Citron 2018 NY Slip Op 30681(U) April 16, 2018
Supreme Court, New York County Docket Number: 152783/2017 she deftly describes the reach of Judiciary Law § 487 in the first department:
“An…
Plaintiff was fired from a municipal job, but may have had a good defense on appeal. The attorneys withdrew the appeal. Legal Malpractice?
Roth v. Ostrer , 2018 NY Slip Op 03218 Decided on May 3, 2018 Appellate Division, First Department suggests that it may well have been a departure from good practice.
“Plaintiff alleges…
It’s rare for legal malpractice or Judiciary Law § 487 claims to be heard in Surrogate’s Court. Here, in Cooper v Klencner 2018 NY Slip Op 30664(U) April 13, 2018 Surrogate’s Court, New York County Docket Number: 2014-2912/C Judge: Rita M. Mella the fight is over a late-in-life bequest of a large-value liquor company to…
The process is set forth in CPLR 3211(c) wherein the Court may convert a motion to dismiss under CPLR 3211 into a motion for summary judgment under CPLR 3212, so long as adequate notice is given to the litigants. In Englese v Sladkus 2018 NY Slip Op 50621(U) Decided on April 25, 2018 Supreme Court,…
