Scott v Schwartz 2025 NY Slip Op 01849 Decided on March 27, 2025 Appellate Division, Third Department is an appeal from the most complicated and difficult kind of case that exists. It is a legal malpractice case based upon claimed mistakes made in a medical malpractice case which is based upon mistakes made by an…

A claim unique to the legal malpractice world is that of privity of contract. Long ago left behind in most spheres of the law (see: products liability), privity is still required in order to sue an attorney for departures from good practice. While there is a slim exception for fraud, collusion, malice and…

It is always an uphill fight to sue the other side’s attorneys. There is an exception, for “fraud, malice, collusion and other special circumstances” but getting through that eye of the needle is rarely successful. Here, in Crehan v Richardson 2025 NY Slip Op 01527
Decided on March 14, 2025 Appellate Division, Fourth Department we…

Guzman-Martinez v Rosado 2025 NY Slip Op 01483 Decided on March 14, 2025
Appellate Division, Fourth Department makes a bold statement on the question of whether an attorney who is hired after the time to serve notice of an injury pursuant to General Municipal Law 50-e has passed can still be held responsible for failing…

Law firms want insurance coverage. They cannot operate in real estate and other high asset litigation without insurance coverage. Whether through inadvertence, or because telling the carrier of earlier inchoate claims against the law firm will drive up the cost of coverage, it is a fatal error not to list all claims against the law…

Musial v Donohue 2025 NY Slip Op 01485 Decided on March 14, 2025 Appellate Division, Fourth Department discusses whether a viable legal malpractice case can be brought after Plaintiff settles the underlying action, rather that, say, losing it altogether. The rule is that a subsequent legal malpractice case case is viable if the settlement was…

Irony abounds in the legal malpractice world. Missteps in legal malpractice litigation are not that rare. Here an appeal was dismissed for lack of a transcript.

“In an action, inter alia, to recover damages for legal malpractice, the plaintiff appeals from an order of the Supreme Court, Queens County (Carmen R. Velasquez, J.), entered August…

Ellen’s Stardust, Inc. v Sturm 2025 NY Slip Op 30488(U) February 6, 2025 Supreme Court, New York County Docket Number: Index No. 651690/2021 is a short and direct decision by Judge: Andrew Borrok In it he merely quotes an interim AD decision about the second amended complaint to demonstrate that a motion against the third…