Genesis REOC Co., LLC v Poppel  2022 NY Slip Op 02947 Decided on May 03, 2022 Appellate Division, First Department is a case in which Plaintiff’s affidavit was prominently relied upon by the Court in determining that there was  scheme in place rather than an error of judgment.  The affidavit also demonstrated negligent representation.

“Defendants’…

Anecdotally, we often receive calls in which the potential client tells us that the target attorneys “forced” them into settling.  It seems that the proper question to the potential client is probably whether the “force” was of a “gun to the head” variety, or merely overbearing talk.  Bei Yang v Pagan Law Firm, P.C.  …

How deceitful must deceit be to qualify for Judiciary Law § 487 application?  AmTrust N. Am., Inc. v Pavloff  2022 NY Slip Op 02862 Decided on April 28, 2022 Appellate Division, First Department gives us some idea.

“The amended complaint states a cause of action for legal malpractice and the documents submitted do not utterly…

The vast number of sibling v. sibling cases involving parental estates should not be surprising, but Altman v DiPreta  2022 NY Slip Op 02774 Decided on April 27, 2022 Appellate Division, Second Department is a prime example of how basic the manipulations can get.

“In 2010, Jeanne Altman (hereinafter Jeanne) executed a durable power of…

Dial Car Inc. v Kordonsky  2022 NY Slip Op 31067(U) March 31, 2022 Supreme Court, Kings County Docket Number: Index No. 521900/2021 Judge: Leon Ruchelsman is a case which has been brought previously and is now in its second amended complaint.  Supreme Court dismissed the claims against the attorneys as too old.

“The Tuch and…

The facts in Hellman v Jacob  2022 NY Slip Op 31018(U)  March 29, 2022  Supreme Court, New York County  Docket Number: Index No. 156860/2021 Judge: Barbara Jaffe are just too astounding to try to encapsulate.

“Plaintiff alleges that from January of 2008 to December of 2010, a group of investors placed approximately $112 million with…

In a brisk and unequivocal grant of a CPLR 3211 motion, Justice Borrok makes some sweeping findings of fact in Walk v Kasowitz Benson Torres LLP, 2022 NY Slip Op 50031(U) [74 Misc 3d 1203(A)], Decided on January 20, 2022, Supreme Court, New York.

“Upon the foregoing documents and for the reasons set forth on…

It is rare for a CPLR 3211 motion to dismiss a legal malpractice case is denied in Supreme Court and reversed on appeal.  That’s what happened in Frydco Capital Group, LLC v Carlton Fields, P.A.  2022 NY Slip Op 02619  Decided on April 21, 2022  Appellate Division, First Department.

“The legal malpractice claims should have…