Silverstein v Nezhat 2024 NY Slip Op 32173(U) June 24, 2024 Supreme Court, New York County Docket Number: Index No. 109486/2006 Judge: Kathy J. King is a good example of how Courts generally treat Judiciary Law 487 claims. They are skeptical, and have a high tolerance to attorney conduct, rarely upholding a 487 claim.

“The…

A.M. Richardson, III, LLC v Iron Oak, Inc. 2024 NY Slip Op 33464(U) September 27, 2024 Supreme Court, New York County Docket Number: Index No. 651250/2023 Judge: Lyle E. Frank is short and sweet. Attorney send an invoice and client writes back that they have to discuss the bill. Insufficient objection to overcome the “account…

Getty v Schiavetta 2024 NY Slip Op 50697(U) [83 Misc 3d 1212(A)] Decided on May 18, 2024 Supreme Court, Westchester County Ondrovic, J. is a claim of legal malpractice and violation of Judiciary Law 487. Portions of the case were dismissed and motions for default were denied.

“By way of background, pro se plaintiff commenced…

We have often argued that attorneys are given many dispensations in legal malpractice litigation that defendants in other professional negligence cases and in most litigation do not enjoy. Our colleagues in the legal defense bar don’t exactly disagree, but generally argue that the rules are fair. One item that no one disagrees with is that…

Chang v Yi Lin 2024 NY Slip Op 33338(U) September 20, 2024 Supreme Court, New York County Docket Number: Index No. 161222/2023 Judge: Mary V. Rosado is an not unusual legal malpractice claim in which it is unclear whether the attorney actually represented plaintiff (or whether he represented her husband only). Added to the factual…

After several go-rounds the matter of Prospect Capital Corp. v Morgan Lewis & Bockius LLP 2024 NY Slip Op 33322(U) September 19, 2024 Supreme Court, New York County Docket Number: Index No. 653941/2022 Judge: Margaret A. Chan is moving forward. Initially dismissed, then re-argued, the case turns on “the real harm “flowing from defendants’ alleged…

We have often noted that real estate legal malpractice claims take up a large part of the New York legal malpractice world. FTF Lending, LLC v Mavrides, Moyal, Packman & Sadkin, LLP 2024 NY Slip Op 33115(U) September 6, 2024 Supreme Court, New York County Docket Number: Index No. 153620/2020 Judge: Margaret A. Chan is…

Legal malpractice is always a comparison between the actual outcome and the hypothetical better outcome had the attorneys not departed from good practice. Courts often refuse to allow plaintiff to “prove” the hypothetical better outcome. While plaintiff can succeed where there has been a total shutout in the actual outcome (and can show that a…