“But for” causation is highlighted in the technical description of a commercial loan and its consequences in Salamone v Deily & Glastetter, LLP 2025 NY Slip Op 04846 [241 AD3d 1078] September 4, 2025 Appellate Division, First Department. Whether the loan was usurious and how the attorneys interacted with the loss of repayment are discussed.
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Was This Attorney’s Claim for Fees “Audacious; ballsy; disingenuous; nervy; brazen; shameless; or greedy”?
In a very (very) unusual kind of opinion, Justice Weinmann of Supreme Court, Erie County holds in Hogan v Van Buren, 2025 NY Slip Op 25259 Decided on October 3, 2025 that a suspended attorney may not seek fees from the clients involved in the litigation which caused his suspension.
“Corey Hogan is a…
Some Claims Still Good, Some Too Late
As yet another real estate legal malpractice case, the decision in 538 Morgan Realty LLC v Law Off. of Aihong You, PC 2025 NY Slip Op 06639 Decided on December 02, 2025
Appellate Division, First Department distinguishes between two different (and subsequent) firms.
“Plaintiffs alleged facts permitting a reasonable inference that the liquidated damages clause…
Pre-Action Discovery in a Legal Malpractice Case Prohibited
Coyle v Catterson 2025 NY Slip Op 34372(U) November 17, 2025 Supreme Court, New York County Docket Number: Index No. 157161/2025 Judge: James d’Auguste is a kind of celebrity legal malpractice case, in as much as the defendant is a former Court of Appeals Judge who transitioned to a big law position. The underlying case…
“Effectively Compelled To Settle” and The Allocution in Matrimonial Cases
Matrimonial cases are unlike almost every other kind of case except a criminal plea. Get involved in a car accident and you will likely settle through your attorney with a release and a stipulation of discontinuance. Resolution of a breach of contract will follow the same paradigm, as will a battle over patents. However, settle…
Employment Discrimination Or No?
Stinnett v Derek Smith Law Group, PLLC 2025 NY Slip Op 04677 [241 AD3d 737]
August 13, 2025 Appellate Division, Second Department is a decision which obscurely indicates what might be the underlying case, where the underlying case was against Delta Airlines and Quest Diagnostics, and the outcome was that plaintiff was fired. How might…
Escrowed Monies, Immunity from Liability and the Statute of Limitations
Hsiung v Zhang Jiang Lin 2025 NY Slip Op 34306(U) November 7, 2025 Supreme Court, New York County Docket Number: Index No. 650855/2025 Judge: Mary V. Rosado is a situation where an interpleaded plaintiff attorney is holding escrowed funds and was potentially subject to a legal malpractice claim. The attorney proposed to deposit the escrowed…
A NYC Phenomenon: Real Estate and Legal Malpractice
NYC is strongly real estate centric, and there is a wide swath of legal malpractice law based upon real estate transactions. Tesniere v Cinotti LLP 2025 NY Slip Op 34269(U) November 10, 2025 Supreme Court, New York County Docket Number: Index No. 160760/2024 Judge: Mary V. Rosado is a recent addition.
“On April 28…
When Does the Statute of Limitations Start To Run?
In Campbell v Law Off. of Solomon Rosengarten 2025 NY Slip Op 04700 [241 AD3d 771]
August 20, 2025 Appellate Division, Second Department it starts to run when plaintiff is no longer able to prosecute a dismissed case.
“In an action, inter alia, to recover damages for legal malpractice, the plaintiff appeals from an order…
When Does The Representation End?
An analogous question reviewed in Coniglio v Dansker & Aspromonte Assoc. 2025 NY Slip Op 06154 Decided on November 12, 2025 Appellate Division, Second Department is when does the new representation start?
“In 2015, the plaintiff commenced an action to recover damages for podiatric malpractice (hereinafter the underlying action). The underlying action was commenced…