Gans v Leech Tishman Fuscaldo & Lampl, LLC 2026 NY Slip Op 01305 Decided on March 10, 2026 Appellate Division, First Department features some of the biggest players in the legal malpractice defense world, a surprise entry on the plaintiff’s side and a party in the underlying transactions with the same name but that has
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So, Whose Fault Is This?
The client didn’t exercise a right of first refusal. Was it the attorney’s fault for not presenting a complete package to the client including a title report, or was it the client’s choice not to proceed?
In Sathyanarayanan v Moberg 2026 NY Slip Op 50237(U) Decided on February 27, 2026
Supreme Court, Suffolk County Pastoressa…
Discovery Lapses, Dismissal and Attribution of Fault
PCO 1500 Inv., L.P. v Ahmuty, Demers & McManus 2026 NY Slip Op 30664(U)
February 25, 2026 Supreme Court, New York County Docket Number: Index No. 158852/2025 Judge: James d’Auguste quickly telegraphs its decision by finding that dismissal was in no way attributed to departures by the attorneys.
“Defendant Ahmuty, Demers & McManus (“Ahmuty”) seeks…
What A Difference A Year Makes
In Sebastiano v Bamundo, Zwal & Schermerhorn LLP 2026 NY Slip Op 01145
Decided on February 26, 2026 Appellate Division, First Department Plaintiff was injured on an interior stairway which lacked treads. The case was lost either because the stairway did not need treads or because the plaintiff expert failed to convince the court that…
Some Not Responsible, Some Perhaps
In 538 Morgan Realty LLC v Law Off. of Aihong You, PC 2025 NYSlipOp 06639 December 2, 2025 the Appellate Division, First Department parses the responsiblity of several groups of attorneys. Some remain in the case.
“Plaintiffs alleged facts permitting a reasonable inference that the liquidated damages clause would have been found unenforceable had the…
Punitive Damages on Top Of Compensatory Damages and Legal Malpractice
Lee v Leifer 2026 NY Slip Op 30589(U) February 18, 2026 Supreme Court, New York County Docket Number: Index No. 159786/2020 Judge: Sabrina Kraus brings up the question of why anyone would not answer a complaint.
“Around 2004, Plaintiff and nonparty Eddie Choi formed a venture to operate a japanese restaurant named “Kyoto” in Flushing…
Judiciary Law 487, Arbitration and Fraud
Jones Law Firm, P.C. v J Synergy Green, Inc. 2026 NY Slip Op 00840 Decided on February 17, 2026 Appellate Division, First Department is interesting as it covers Fraud, separate Judiciary Law 487 application as well as when a settlement is effectively compelled.
“The court properly concluded that the counterclaims and third-party complaint state causes…
Timely Claim, But No Proximate Cause
It’s rare to see a legal malpractice case in Civil Court rather than Supreme Court, if only for the lower jurisdictional damage numbers available. Here, the claim is potentially timely, given a broad view of “continuing representation” but is dismissed nevertheless on speculation or lack of proximate cause.
“”On a motion pursuant to CPLR 3211…
A $10 Million Insurance Policy, A Beneficiary and Legal Malpractice
Kushakow v Law Offs. of Joseph B. Rosenberg 2026 NY Slip Op 00882 Decided on February 18, 2026 Appellate Division, Second Department is both unusual and familiar in that esate maters and legal malpractice claims almost always start with the question of “whom are you to the estate?” It was almost always the deceased who…
Are Trends In Another State Enough Evidence for Malpractice?
Borukhov v Roth & Khalife, LLP 2026 NY Slip Op 00575 Decided on February 05, 2026
Appellate Division, First Department is a curious case with Sullivan Papain representing appellant. That set aside, the claim is that a personal injury case was litigated in NY when it could have been litigaged in Florida. Plaintiff says…