Darby Scott, Ltd. v Michael S. Libock & Co. LLC CPAs  2020 NY Slip Op 34343(U) December 31, 2020 Supreme Court, New York County
Docket Number: 653044/2013 Judge: Robert D. Kalish is a script for how a CPA malpractice case is put together and defended against.  It ultimately failed for statute of limitations,  lack…

Judiciary Law § 487 is hard to prove to a court’s satisfaction.  It is not “lightly given” and rarely proceeds past the pleading stage.  Dreamco Dev. Corp. v Empire State Dev. Corp.  2021 NY Slip Op 00952 [191 AD3d 1444] February 11, 2021 Appellate Division, Fourth Department is a recent example.

“We likewise agree with…

Hartford Fire Ins. Co. v Sedgwick Claims Mgt. Servs., Inc. 2021 NY Slip Op 30438(U) February 16, 2021 Supreme Court, New York County Docket Number: 653915/2015 Judge: Andrea Masley is a case concerning the failures at trial of a medical malpractice case, and how that can play out in different states.

“In this breach of…

Judiciary Law 487 is the ancient deceit statute concerning attorneys.  It is not “lightly given” and remains a rarely successful remedy.  Lavelle-Tomko v Aswad & Ingraham  2021 NY Slip Op 01112 [191 AD3d 1142]
February 18, 2021 Appellate Division, Third Department is an example.

“After plaintiff was terminated by her former employer (hereinafter Century 21)…

Judiciary Law 487 is an ancient statute dealing with attorney deceit.  A case can be made, with great difficulty, that filing an affidavit of another person which contains false information is a violation.  More often, Courts will reject this argument for lack of proof that the attorneys really knew the information was false.

In Cordell …

One aspect of the professional – client relationship is the repetitive, year over year nature in which events keep recurring, and the work keeps being performed.  Helzen Assoc. LLC v Katz  2020 NY Slip Op 33508(U)
October 22, 2020 Supreme Court, New York County  Docket Number: 655561/2019 Judge: Carol R. Edmead is a case in…

We sometimes wonder how people agree to unusual methods of accomplishing very ordinary tasks.  How many apartments have been purchased and sold using the traditional contract, price, payment and transfer?  Why monkey with it?

Alskom Realty, LLC v Baranik  2020 NY Slip Op 07153 [189 AD3d 745]
December 2, 2020 Appellate Division, Second Department is…

Rubin v EFP Rotenberg, LLP  2020 NY Slip Op 32714(U)  August 19, 2020
Supreme Court, New York County  Docket Number: 651825/2015
Judge: Barbara Jaffe discusses what disciplinary or governmental investigation materials may be relevant to a claim of professional malpractice.

“Pursuant to CPLR 3 IOI(a), “[t]here shall be full disclosure of all matter material and…