We previously discussed Giannone v Silvestri 2026 NY Slip Op 30171(U) February 4, 2026 Supreme Court, Tioga County Docket Number: Index No. 2024-00064107
Judge: Eugene D. Faughnan and stopped after a discussion of the fraud claims against all. The attorney defendants (really third-party defendants) have special defenses to the claims that they allowed a fraudster…

Giannone v Silvestri 2026 NY Slip Op 30171(U) February 4, 2026 Supreme Court, Tioga County Docket Number: Index No. 2024-00064107 Judge: Eugene D. Faughnan is a classic fraudster story. Property owner acquires title to property in 2014 through a bankruptcy sale. People are brought to the property, told it is for sale, and sign a…

Judicial estoppel is an equitable doctrine which prevents a litigant from taking a position which is inconsistent with the position it previously took in earlier litigation. Another phrase might be “flip-flopping.”

In Lending Assets, LLC v Gerbi 2026 NY Slip Op 00472 Decided on February 03, 2026
Appellate Division, First Department defendants were able to…

It is our anecdotal experience that legal malpractice cases suffer a higher percentage of dismissals at the CPLR 3211 stage than do other types of claims, including medical malpractice. Park W. Exec. Servs., Inc. v Gallo Vitucci & Klar, LLP 2026 NY Slip Op 00428
Decided on January 29, 2026 Appellate Division, First Department is…

Beyond that question, when does Melcher v. Greenberg Traurig, LLP, ‘s 6-year statute of limitation apply and when does Farage v. Ehrenberg’s three year statute apply?

In either setting Pergament v Government Employees Ins. Co. (“GEICO”) 2026 NY Slip Op 00267 Decided on January 21, 2026 Appellate Division, Second Department reminds us that only attorneys…

Will B. Sandler Disclaimer Trust v Swersky 2025 NY Slip Op 05909 [242 AD3d 625]
October 23, 2025 Appellate Division, First Department is a fairly unusual case in which an attorney was in business with a clieint for 30 years or more. When the attorney dieed, his interest in a particular LLC was a…

Real estate litigation and legal malpractice share a long brotherhood, and Chef Michael Barton Rest., LLC v Wknapp LTD. 2025 NY Slip Op 35003(U) December 23, 2025
Supreme Court, New York County Docket Number: Index No. 654339/2022 Judge: Kathleen Waterman-Marshall is an example of how the lack of privity dooms the claim.

“This action arises…

Chen v Romona Keveza Collection LLC 2025 NY Slip Op 34953(U) December 16, 2025
Supreme Court, New York County Docket Number: Index No. 153413/2020
Judge: Emily Morales-Minerva

Attorney wants out, client wants him to stay, huge payments and unauthorized use of a corporate credit card notwithstanding.

“Non-party movant Sutton Sachs Meyer PLLC, New York, NY…