In MVP Delivery and Logistics, Inc. v. Brown Chiari LLP. , Sup. Ct. Erie, 8/4/2026, we see an unusual denial of a motion to dismiss a complicated attorney malpractice and Judiciary Law 487 case.
“Defendants Brown Chiari LLP, James E. Brown, Esq., Donald P. Chiari, Esq., and Angelo S. Gambino, Esq. (collectively, “Defendants”) move, pursuant…
Nicalaou v Ranalli 2026 NY Slip Op 04777 July 29, 2026 Appellate Division, Second Department illustrates the basic proofs necessary to demonstrate continuing representation.
“The defendants, Ernest R. Ranalli and Ranalli Law Group, PLLC, Ranalli’s law firm, represented the plaintiff, Sotiris Nicalaou, during a portion of the pendency of an action to foreclose a residential…
Williams v Biggs July 29, 2026 Appellate Division, Second Department is a long decision to read. Pro-se plaintiff loses most causes of action, but the final paragraphs prove to be a potential victory.
“This action stems from an underlying action commenced by the plaintiff against New York City Health and Hospitals Corporation (hereinafter NYCHHC), several physicians…
In Matter of Solomon v Broderick 2026 NY Slip Op 04510 July 22, 2026 Appellate Division, Second Department. the father unsuccessfully invoked Judiciary Law 487 to try to avoid paying child support.
“In 2006, a matrimonial action between Jeffrey Solomon and his former wife was commenced in the Supreme Court. In September 2007, Solomon and…
In Mrkulhttps://www.nycourts.gov/reporter/current/3dseries/2026/2026_04499.shtmlic v Peters 2026 NY Slip Op 04499 July 22, 2026 Appellate Division, Second Department, the Supreme Court judge gave leave to file a default, then agreed with defendants that there should be no default, and then once again agreed with plaintiffs that there should be a default. Three years later the…
Ardent Harmony Fund, Inc. v BDO Trinity Ltd. 2026 NY Slip Op 02090 [248 AD3d 859]
April 8, 2026 Appellate Division, Second Department describes the attempt to bring an accounting malpractice case in New York, where all of the players were off-shore. The only activity in NY was communications with credit advisors, which was insufficient.…
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…
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…
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…
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…
