Scopia Windmill LP v Olshan Frome Wolosky LLP 2022 NY Slip Op 03996 Decided on June 21, 2022 Appellate Division, First Department succinctly describes how legal malpractice is a comparison of the actual outcome versus the hypothetical better outcome had mistakes not been made.
“Plaintiffs assert a legal malpractice claim alleging that defendant law firm…
Lee Anav Chung White Kim Ruger & Richter LLP v Capone 2022 NY Slip Op 31731(U) May 25, 2022 Supreme Court, New York County Docket Number: Index No. 657197/2020 Judge: Arlene Bluth stands for the proposition that an account stated is stronger than almost any defense. Failure to object to an attorney’s bills basically precludes…
National Air Cargo, Inc. v Jenner & Block, LLP 2022 NY Slip Op 01900 [203 AD3d 1655] March 18, 2022 Appellate Division, Fourth Department discusses two important issues: scope of retainers and the effects of a bankruptcy filing.
“Memorandum: Plaintiff National Air Cargo, Inc. (NAC) is a freight forwarding company, and plaintiff National Air Cargo…
Ressler v Farrell Fritz, P.C. 2022 NY Slip Op 31706(U) May 25, 2022 Supreme Court, New York County Docket Number: Index No. 156946/2020 Judge: David B. Cohen is a case about representing clients who object to neighbors’ building plans in a wetlands setting, where the neighbors are asking the municipality to allow for big changes. …
When a person is injured and successfully asserts a WC claim, a later action for damages against a third-party might be subject to a WC lien. Here, in Continental Indem. Co. v Redzematovic 2022 NY Slip Op 03866 Decided on June 14, 2022 the Appellate Division, First Department determined that the WC carrier could assert…
There have been very few dismissals of legal malpractice cases following the Grace v. Law decision. Rabasco v Buckheit & Whelan, P.C. 2022 NY Slip Op 03754 Decided on June 8, 2022
Appellate Division, Second Department is one of those few.
“The plaintiff retained the defendants to commence a medical malpractice action against the…
Vioni v Carey & Assoc. LLC 2022 NY Slip Op 03805 Decided on June 09, 2022 Appellate Division, First Department is a short odd decision. Previously, the attorney’s counterclaim was dismissed with a finding that they were terminated for cause. The cause seems to be failures in expert discovery. Now, summary judgment is denied to…
Allen v Thompson 2022 NY Slip Op 31571(U) May 11, 2022 Supreme Court, New York County Docket Number: Index No. 160342/2020 Judge: Sabrina Kraus. This legal malpractice case is based upon the allegation that Defendant Attorney “unilaterally and without Plaintiff’s consent, changed one word to the Agreement.”
“Plaintiff alleges the following facts in her complaint.…
Not for the first time, courts hold that suing an attorney appointed by the court is impermissible. In J.D. v Galchus 2022 NY Slip Op 22139 Decided on March 31, 2022 Supreme Court, Queens County Velasquez, J. held just that.
“This is a legal malpractice action against the defendant, the court appointed attorney for the…
Cutie Pie Baby Inc. v Sasson Law PLLC 2022 NY Slip Op 31450(U) May 2, 2022 Supreme Court, New York County Docket Number: Index No. 655055/2021 Judge: Margaret Chan is an interesting, and relatively rare application of Grace v. Law, 24 NY3d 203 (2014). In a family setting, two of the family seek to remove…
