“”An action to recover damages for legal malpractice must be commenced within three years after the accrual of the cause of action” (Bullfrog, LLC v Nolan, 102 AD3d 719, 719-720; see CPLR 214[6]).”  Thus starts and ends most legal malpractice case discussions of the onset of the statute of limitations.  That date…

Legal malpractice is unique;  this phrase recurs he because claims against attorneys are subjected to a greater scrutiny and are granted a much higher level of latitude.  Consider whether a physician is ever granted a dismissal because the patient is “sophisticated”?

Yet, in  Scarola Malone & Zubatov LLP v Ellner    
2021 NY Slip Op 31199(U),…

Burke, Albright, Harter & Rzepka LLP v Sills  2020 NY Slip Op 05322 [187 AD3d 1507] October 2, 2020 Appellate Division, Fourth Department is an upstate slow legal fee – legal malpractice estate claim that percolated for 16 years before ending abruptly.

“In 2016, the third attorney to represent the coexecutors was granted permission to…

Edelman v Berman  2021 NY Slip Op 04120 Decided on June 30, 2021
Appellate Division, Second Department presents an interesting real estate legal malpractice claim.  It illustrates two points.  First:  No document is absolutely required to show an attorney-client relationship.  Second:  Violation of a statute or rule, combined with alleged damage can support a legal…

After a verdict in favor of the attorney, ending in dismissal, the Appellate Division, First Department affirmed.  The claimed departure was the failure to call a certain medical expert.  The jury disagreed with Plaintiff and found for defendant in Warren v Silas 2021 NY Slip Op 03930
Decided on June 17, 2021 Appellate Division, First…

Law Off. of Mark S. Helweil v Karambelas  2021 NY Slip Op 00260 Decided on January 19, 2021 Appellate Division, First Department shows how courts place a very high premium on paying attorney bills.  Basically put, if the attorney send a bill, a written, immediate and specific objection must be made.  Faiure to do so…

Martin Assoc., Inc. v Illinois Natl. Ins. Co. 2020 NY Slip Op 06860 [188 AD3d 572] November 19, 2020 Appellate Division, First Department is an excellent example of how the “but for” principle is applied.  In this case, the claim was that defendant attorneys failed to notify the excess carrier, and thus, coverage was lost.…

MVNY Holdings v Esses Law Group, LLC  2020 NY Slip Op 33380(U) October 15, 2020 Supreme Court, New York County Docket Number: 153853/2019 Judge: Carol R. Edmead ended very badly for plaintiffs.  Not only did they lose a slew of money in the underlying real estate transaction, but they found out when they went to…