Berry v Batash 2026 NY Slip Op 01755 Decided on March 25, 2026 Appellate Division, Second Department deals with the question of whether certain claims, Judiciary Law 487 amoungst them, had to be brought as counterclaims, or could they be broght in a plenary action. While Urias v. Buttafuoco is not mentioned it looms large
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Advocacy Or Deceit?
On a fairly simple factual level, Dewald v Dewald 2026 NY Slip Op 31523(U)
April 10, 2026 Supreme Court, New York County Docket Number: Index No. 161582/2025 Judge: Phaedra F. Perry-Bond discusses the dividing line between advocacy and deceit, and what will convert one to the other.
“The Judiciary Law § 487 is dismissed (see…
Is This The Most Hallucinatory of All Legal Malpractice Cases?
There has been a lot of back and forth about AI mistakes in case citation, and overly unreasonable reliance on AI in guiding legal arguments. We think that Kleyman Law Group, P.C. v Kaloidis 2026 NY Slip Op 31557(U) April 13, 2026 Supreme Court, Kings County Docket Number: Index No. 502644/25 Judge: Heela D. Capell…
Contribution, Indemnity, Successor Counsel and Legal Malpractice
In an unusually detailed and explanatory decision, Judge Hasa A. Kingo dissects the question of successor liablity in a legal malpractice setting, contribution and indemnity between predecessor and successor counsel and legal malpractice. The case is 99th Ave. Holdings, LLC v Schatz 2026 NY Slip Op 31476(U) April 9, 2026 Supreme Court, New York County…
Some of the Common Phrases Invoked in Attorney-Client Privilege Disputes
The First Department determined this discovery dispute concerning whether attorney-client communications were privileged or waived in Prospect Capital Corp. v Morgan Lewis & Bockius LLP, 2026 NY Slip Op 02220, April 14, 2026.
“In this legal malpractice case, Supreme Court providently denied plaintiff’s motion for a protective order as to categories 15, 19, and…
What Is A View Worth In A Manhattan Apartment?
A close reading of Halperin v Van Dam 2026 NY Slip Op 02333 April 16, 2026 Appellate Division, First Department implies that (counterintuitiviely) it is not worth that much.
“This case arises from plaintiffs’ purchase of an apartment located on the eighth floor of 32 West 20th Street, New York, New York (the Building). The…
Some Unusual Procedural Moves, Yet a Cognizable Decision in a Legal Malpractice Claim
Shaikh v Davis 2026 NY Slip Op 31320(U) April 1, 2026 Supreme Court, New York County Docket Number: Index No. 100809/2025 Judge: Hasa A. Kingo presents the question of what happens if a CPLR 3211 motion is made after an answer.
“Plaintiff Zia H. Shaikh (pro se) commenced this legal malpractice action on August 1,…
An Uninsured Attorney, A Fee Claim, A Videotaped Deposition and a Loss
Aberbach-Marolda v Cherner 2026 NY Slip Op 02089 April 8, 2026 Appellate Division, Second Department is a real curiosity. A star appellate team for Defendant-Appellant, appealing from a negative outcome at a very rare legal malpractice trial and what seems to be an uninsured attorney Plainitff. Much seems to turn on evidentiary missteps prior to…
Fees and Sanctions in a Legal Malpractice Case
Link Motion Inc. v DLA Piper LLP (us) 2026 NY Slip Op 02066 April 7, 2026
Appellate Division, First Department is a short distillation of how a legal malpractice clame can go wrong. Here, it ended in dismissal, attorney-fee sanction and the award of $ 482,390 to DLA Piper.
“Judgment, Supreme Court, New York County…
The Intervening Cause Defense
North Flats LLC v Belkin Burden Goldman, LLP 2026 NY Slip Op 01165 Decided on March 03, 2026 Appellate Division, First Department is an example of where the defenses of insufficient expert causation evidence coupled with “intervening cause” entitle defendant to summary judgment.
“The court properly dismissed plaintiff’s claim for legal malpractice because defendant established…