Jose V. v Smiley & Smiley LLP 2023 NY Slip Op 01367 Decided on March 16, 2023 Appellate Division, First Department is a consolidated
Uncategorized
They Were Fired, Nevertheless…
Simmons v Jones Law Group, LLC 2023 NY Slip Op 01316 Decided on March 15, 2023
Appellate Division, Second Department recites some simple and well-settled principles. Nevertheless, interpretation turns on a short and not deeply discussed issue. The client fires you, but the court will not let you go. What to do?
“In February 2014…
Two Decisions, Two Losses for Pro-se Plaintiff
Ankney v Gjoni Law, P.C. 2023 NY Slip Op 30733(U) March 9, 2023 Supreme Court, New York County Docket Number: Index No. 156246/2022 Judge: Lisa S. Headley and Ankney v Gjoni Law, P.C. 2023 NY Slip Op 30734(U) March 10, 2023 Supreme Court, New York County Docket Number: Index No. 156246/2022 Judge: Lisa S. Headley…
Statutes of Limitation and the Covid Tolling Period
The mathematics of calculating the statute of limitations in light of the Covid tolling periods is discussed in Lewner v Dahill 2023 NY Slip Op 30629(U) February 28, 2023
Supreme Court, New York County Docket Number: Index No. 805366/2021 Judge: Leslie A. Stroth. This decision serves as a template in adding days to the underlying…
An Unusual Outcome to Duplicitive Claims
Mensch v Calogero 2023 NY Slip Op 30621(U) February 28, 2023 Supreme Court, New York County Docket Number: Index No. 155795/2022 Judge: Dakota D. Ramseur reaches an unusual outcome where the legal malpractice claim is dismissed yet the breach of contract claim remains viable.
“According to the complaint, on October 9, 2017, plaintiff retained defendant…
Husband’s Case For Legal Fees Not Really Related to Wife’s Case for Legal Malpractice
Aaglane v Sami 2023 NY Slip Op 30636(U) March 3, 2023 Supreme Court, New York County Docket Number: Index No. 151262/2019 Judge: Mary V. Rosado is an interesting variant on the more usual case where Plaintiff is being sued for fees and brings a legal malpractice case against the attorney. In that setting, collateral estoppel…
No One Wins Yet
Golub v Shalik Morris & Co., LLP 2022 NY Slip Op 03888 [206 AD3d 799] June 15, 2022
Appellate Division, Second Department is a pair of cases claiming accounting fees and accounting malpractice. Neither side could demonstrate the lack of material questions of fact.
“In May 2016, Aaron Richard Golub commenced an action in the…
Not Egregious and Too Collateral
Saporito v Branda 2023 NY Slip Op 00968 Decided on February 21, 2023 Appellate Division, First Department is an example of the unsuccessful use of Judiciary Law 487 claims. Courts are quick to dismiss these claims, which are not “lightly given” and rarely successful. Here the claimed deceit was an attorney telling the court that…
Would The Appeal Have Been Successful
Mid City Elec. Corp. v Peckar & Abramson 2023 NY Slip Op 01085 Decided on March 1, 2023 Appellate Division, Second Department cleanly lays out the most unique issue that arises in legal malpractice (and not in other) settings: “But for” the negligence, would there have been a better result? This is the “case within…
Permitted To Be Reinstated After Two Legal Malpractice Judgments
In the Matter of Kehinde Oluwaranti Jobi, Motion No. Case No. 2023-00084
2008-00178 is the decision which permits the attorney who resigned in the face of legal malpractice claims and a disciplinary committee investigation in 1995 to be reinstated if payments on two legal malpractice judgments continue.
“And an order of this Court having been…