As is so familiar, legal malpractice cases based upon negligent estate planning often founder on the time lapse between the negligent advice and the unfavorable outcome of that advice. Chester v List 2026 NY Slip Op 02962 May 13, 2026 Appellate Division, Second Department is an example.
“On May 31, 2024, the plaintiff commenced this…
We discussed Zabit v Brandometry, LLC 2026 NY Slip Op 31752(U) April 16, 2026
Supreme Court, New York County Docket Number: Index No. 656563/2021
Judge: Emily Morales-Minerva on Monday. Here is the balance of the decision.
“In this action, as undisputed at oral argument, the causes of action plaintiffs assert against law firm and attorney…
A very familiar situation in legal malpractice is where one member of an LLC sues the law firm over its representation of the LLC to the member’s detriment. Often the law firm has been hired solely by the LLC and the member believes that the law firm is protecting the member’s interests. Zabit v Brandometry, …
The main lesson of Bruce v Solny 2026 NY Slip Op 02815 May 6, 2026 Appellate Division, Second Department is that an amended complaint renders the initial complaint “superseded” and no longer may be appealed. Amendment of the complaint occurs often in early motion practice after defendants make a CPLR 3211 motion.
“This action arises…
Stumacher v Medical Liab. Mut. Ins. Co. 2026 NY Slip Op 02734 April 30, 2026 Appellate Division, First Department tells the story of a med malpractice defense which did not end well for the doctor.
“Order, Supreme Court, New York County (Judith N. McMahon, J.), entered March 31, 2025, which denied defendant Medical Liability Mutual…
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…
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…
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…
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…
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…
