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…
Accountants (in general) may rely upon information given to them by the client and are not under a general requirement to investigate. This state of affairs doomed Deane v Brodman 2021 NY Slip Op 01842 [192 AD3d 577] March 25, 2021 Appellate Division, First Department.
“Defendants are entitled to summary judgment dismissing the professional negligence…
Gill v. Doubherty, 2020 NY Slip Op 06758 [188 AD3d 1008] November 18, 2020 Appellate Division, Second Department is a reversal of Supreme Court’s denial of a CPLR 3211 motion.
“In an action, inter alia, to recover damages for violation of Judiciary Law § 487 and defamation, the defendants Iona College and Kathleen McElroy appeal,…
Pinkesz Mut. Holdings, LLC v Pinkesz 2021 NY Slip Op 05359 Decided on October 6, 2021 Appellate Division, Second Department makes an interesting distinction between “civil fraud upon the court” and Judiciary Law §487. There is a question raised (and not decided) whether certain conduct during the course of litigation can give rise to a…
