Matter of Spiegelman 2026 NY Slip Op 06252 October 27, 2026 Appellate Division, First Department Per Curiam contains way too many specifications of wrong conduct, legal malpractice, quasi-criminal acts leads to an interim suspension for this attorney. Here is but a smattering. Read through the decision for the whole menu.
“In D. Penguin Bros. Ltd.
Medley Mgt. Inc. v Lowenstein Sandler, LLP 2026 NY Slip Op 06202 October 22, 2026 Appellate Division, First Department is a complicated bankruptcy Capter 11 reorganization legal malpractice case. Although the AD first discusses the lack of sufficient opposition to a summary judgment motion, it seems that speculation is the real killer.
“In this legal…
Sapp-Gooding v Kreindler & Kreindler, LLP 2026 NY Slip Op 06159 October 21, 2026
Appellate Division, Second Department is a legal malpractice case in which Plaintiff asked for more time to serve the summons and complaint in a case involving the World Trade Center .
Calvin Gooding (hereinafter the decedent) died in the September 11…
Karsch v Falcon Rappaport & Berkman PLLC 2026 NY Slip Op 06006 October 15, 2026 Appellate Division, First Department teaches two lessons concerning standing and damages.
“Plaintiffs are the co-executors of the MK Estate, which owned commercial real estate properties through a limited liability company. Supreme Court correctly denied defendants’ motion to dismiss because plaintiffs…
A common inquiry in legal malpractice cases is whether a case was settled by the attorney with authority or without authority. What generally happens is that an attorney negotiates with the other side, reaches a number they like, discuss with the client and find that the client does not like the number. Sometimes the attorney…
Katsoris v Bodnar & Milone, LLP 2026 NY Slip Op 05089 August 26, 2026 Appellate Division, Second Department is a case where the unusual happened. Plaintiff was able to reverse the dismissal of a legal malpractice claim.
“In an action, inter alia, to recover damages for breach of fiduciary duty and legal malpractice, the…
Legal malpractice is always the comparison of the actual outcome of litigation and the hypothetical better outcome had the attorneys acted differently. Putting aside questions of strategy, if the attorneys departed from good practice and the financial outcome is negative for plaintiff then legal malpractice is demonstrated, no?
Often courts hold that the proofs of…
Benyaminpour v Lipton 2026 NY Slip Op 05072 August 26, 2026 Appellate Division, Second Department is the kind of appellate decision where the outlying claims are trimmed and the central claim is wiped out. Here, accounting malpractice was dismissed as late.
“In November 2020, the plaintiff commenced this action against the defendants, Alan Lipton, an…
Pires v Daniella Levi & Assoc., P.C. 2026 NY Slip Op 05330 September 16, 2026
Appellate Division, Second Department illustrates a very common legal malpractice issue that comes up in the personal injury area. Plaintiff is injured at work and hires a workers’ compensation attorney. That attorney either explicitly or implicitly tells the client that…
Santostefano v Zabell 2026 NY Slip Op 05202 September 2, 2026 Appellate Division, Second Department had claims for both legal malpractice and violation of judiciary law 487. We reviewed the “speculative” nature of the legal malpractice claims previously. The Judiciary Law claims got but a short analysis with no real illuminating detail.
“In April 2018…
