There is a certain category of legal malpractice cases which arise when the client recovers a settlement or verdict, but is unhappy with the fees, distributions, liens, or disbursements, and the entire process goes wrong. Maurer v Mickel 2026 NY Slip Op 03712 June 11, 2026 Appellate Division, Third Department is an example.
“This appeal…
An extrememly disturbing death of a four-year old is the setting for reevaluation of the quasi-judicial immunity of attorneys for the child/law guardians. Changes in the law and changes in their duties is discussed in Adams v County of Cortland 2026 NY Slip Op 26084 June 4, 2026 Supreme Court, Cortland County Mark G. Masler…
Oberlander v Simon 2026 NY Slip Op 03450 June 3, 2026 Appellate Division, Second Department is the culmination of years of disputes between Plaintiff and others concerning Felix Sater.
“In June 2022, the plaintiffs commenced this action, inter alia, to recover damages for a violation of Judiciary Law § 487. The plaintiffs alleged that in…
Oberlander v Kriss 2026 NY Slip Op 03449 June 3, 2026 Appellate Division, Second Department is puzzling. While Plaintiff is pro-se, still.
“In November 2021, the plaintiffs commenced this action to recover damages for, inter alia, unpaid legal fees, expenses, and disbursements against the defendants Jody Kriss and Michael “Chudi” Ejekam. In October 2022, the…
Anecdotally, we believe that legal malpractice cases are dismissed on CPLR 3211 motions at a greater frequency than are other professional malpractice or other negligence cases. Here is one dismissal that was reversed, in Gale v Abramowitz . 2026 NY Slip Op 03388, June 2, 2026 Appellate Division, First Department .
“This legal malpractice action…
Dual Diagnosis Treatment Ctr., Inc. v Yellowstone Capital W., LLC 2026 NY Slip Op 03292 May 27, 2026 Appellate Division, Second Department is one of the rare cases where Supreme Court grants a motion to dismiss a JL 487 claim and the Appellate Division reverses.
“ORDERED that the order is modified, on the law, by…
In Matter of Mpow Tech. Co., Ltd. v Amazon.com Servs., LLC 2026 NY Slip Op 03273, Decided and Entered: May 26, 2026
Index No. 652815/25|Appeal No. 6723|Case No. 2025-05067|(1st Dept 2026), the errors of the attorney are laid against the attorney, with the Court noting that the client has started a legal malpractice case against…
Estate of Brook v Ruotolo 2026 NY Slip Op 32036(U) May 11, 2026
Supreme Court, New York County Docket Number: Index No. 805045/2024
Judge: John J. Kelley reads like a movie. Well off mother and father engage in proper estate planning, husband and son become successor-attorneys-in-fact with healthcare proxies only to have an uncle come…
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…
