An analogous question reviewed in Coniglio v Dansker & Aspromonte Assoc. 2025 NY Slip Op 06154 Decided on November 12, 2025 Appellate Division, Second Department is when does the new representation start?
“In 2015, the plaintiff commenced an action to recover damages for podiatric malpractice (hereinafter the underlying action). The underlying action was commenced…
We read the AD decisions in order to educate ourselves, gain insight into how to phrase claims, how to defend claims and how to navigate the unique legal malpractice landscape. Saracino v Rosenberg, Calica & Birney, LLP 2025 NY Slip Op 06205
Decided on November 12, 2025 Appellate Division, Second Department is the reversal of…
Levy v Brancato 2025 NY Slip Op 34103(U) October 24, 2025 Supreme Court, New York County Docket Number: Index No. 159951/2024 Judge: Mary V. Rosado is the story of a representation, a battle over the retainer agreement, a “walk-off”, a fee arbitration and a de novo litigation.
“On January 6, 2023, Plaintiff retained Defendants to…
Matter of Agiovlasitis 2025 NY Slip Op 34090(U) October 30, 2025 Surrogate’s Court, New York County Docket Number: File No. 2024-416 Judge: Rita Mella goes into a plethora of things that never came up in Trusts and Estates, including “affidavits of comparison”, lost and replacement wills and Judiciary Law 487 deceit.
“The pertinent facts are…
Babad v Oratz 2025 NY Slip Op 05490 Decided on October 8, 2025 Appellate Division, Second Department is short and to the point. New evidence, obtained after dismissal of the prior case cannot support collateral estoppel.
“In June 2023, the plaintiff commenced this action to recover damages for fraud, aiding and abetting fraud, and violation…
Balestriere PLLC v Ray 2025 NY Slip Op 34005(U) October 15, 2025 Supreme Court, New York County Docket Number: Index No. 154425/2023 Judge: Mary V. Rosado is a multiple attorney v. client fee and Judiciary Law 487 claim which was dismissed this month. We wonder whether Urias v. Daniel P. Buttafuoco & Associates, 41 N.Y.3d…
Jfurti, LLC v Mintz, Levin, Cohn, Ferris, Glovky & Popeo, P.C. 2025 NY Slip Op 33977(U) October 15, 2025 Supreme Court, New York County Docket Number: Index No. 155965/2024 Judge: Anar R. Patel is the story of a $ 38 Million judgment which just faded away.
“Jfurti is a Delaware limited liability company whose…
Peck v Milbank LLP 2025 NY Slip Op 05895 Decided on October 23, 2025
Appellate Division, First Department is an odd judiciary Law 487 case, with overlapping issues of deceit and conflict of interest in a trust setting.
“The cause of action for violation of Judiciary Law § 487 fails to allege any cognizable acts…
Will B. Sandler Disclaimer Trust v Swersky 2025 NY Slip Op 05909 Decided on October 23, 2025 Appellate Division, First Department is a unique legal malpractice case brought, unsuccessfully, against a non-attorney.
“Nonparty Will B. Sandler was an attorney who entered into a number of business ventures with defendant David M. Swersky over the course…
Belair & Evans LLP v Rizzo 2025 NY Slip Op 33804(U) October 2, 2025 Supreme Court, New York County Docket Number: Index No. 654131/2015 Judge: Judy H. Kim has not worked out well for the doctor-client. Faced with an OPMC inquiry, he retained Plaintiff law firm, which worked out a settlement. Faced with the law…
