Kolyer v Sallah 2026 NY Slip Op 04287 July 8, 2026 Appellate Division, Second Department is one of those cases from the Second Department that is a little short on description and requires reading between the lines. What the evidence of departures in handling of the spouses’ QDRO or division of a pension might
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Pro-Se Attorneys and Judiciary Law 487
There are limits on when a Judiciary Law 487 claim applies, and Nimkoff v Waldbaum
2026 NY Slip Op 04203 July 1, 2026 Appellate Division, Second Department holds that one of them is that the attorney who is accused of deceit must have been acting as an attorney.
“In June 2019, the plaintiff commenced this…
A Convenience Car Ownership and Insurance
Gruber v Donaldsons, Inc. 2026 NY Slip Op 04182 July 1, 2026 Appellate Division, Second Department is an unusual set up for a legal malpractice case, which involves the car dealership, GEICO, attorneys hired by GEICO and the owner of the vehicle.
“In an action, inter alia, to recover damages for fraud and legal malpractice…
Capacity to Sue and Standing To Sue- Compare and Contrast
Kushakow v Law Offs. of Joseph B. Rosenberg 2026 NY Slip Op 00882 [246 AD3d 885]
February 18, 2026 Appellate Division, Second Department mentions but does not really discuss Judiciary Law 487. It does illustrate the problem in estate or elder law legal malpractice cases, that is, capacity to sue and standing to sue. Too…
Be Careful With That Attachment, Eugene!
Cyngiel v Krigsman 2026 NY Slip Op 03942 June 24, 2026 Appellate Division, Second Department is an example of what can go wrong with an overreach.
“In an action, inter alia, for an accounting, the defendant Rima Krigsman appeals from an order of the Supreme Court, Kings County (Richard Velasquez, J.), dated July 20, 2022.
Money Lost in New York is Not Sufficient for Jurisdiction in New York
Ardent Harmony Fund, Inc. v BDO Trinity Ltd. 2026 NY Slip Op 02090 [248 AD3d 859]
April 8, 2026 Appellate Division, Second Department is the story of a mutual fund domiciled in the Cayman Islands who lost money to a group of New York based credit advisors in an alleged fraudulent scheme. Could the mutual…
Get It In Writing!
Rubin v EFP Rotenberg, LLP 2026 NY Slip Op 02803 May 5, 2026 Appellate Division, First Department is a case about reliance on an accountant and making a loan based upon that advice. Here plaintiff got oral advice as well as some written reports concerning the credit-worthyness of a borrower. This oral advice was insufficient.…
No Plenary Action, No Legal Malpractice, No Recusal
There is a certain category of legal malpractice cases which arise when the client recovers a settlement or verdict, but is unhappy with the fees, distributions, liens, or disbursements, and the entire process goes wrong. Maurer v Mickel 2026 NY Slip Op 03712 June 11, 2026 Appellate Division, Third Department is an example.
“This appeal…
Do Only Dead Children Have Standing to Claim Legal Malpractice?
An extrememly disturbing death of a four-year old is the setting for reevaluation of the quasi-judicial immunity of attorneys for the child/law guardians. Changes in the law and changes in their duties is discussed in Adams v County of Cortland 2026 NY Slip Op 26084 June 4, 2026 Supreme Court, Cortland County Mark G. Masler…
Deceit? Maybe. Damages? No.
Oberlander v Simon 2026 NY Slip Op 03450 June 3, 2026 Appellate Division, Second Department is the culmination of years of disputes between Plaintiff and others concerning Felix Sater.
“In June 2022, the plaintiffs commenced this action, inter alia, to recover damages for a violation of Judiciary Law § 487. The plaintiffs alleged that in…