Consider these dates: Commercial restructuring takes place in 2013-2014. An action for replevin is started in 2015 and an order is entered in early 2016. An appeal of that order is decided in 2021. How is the statute of limitations for legal malpractice implicated ?
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No Good Defense Here
By Andrew Lavoott Bluestone on
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Olshan Frome Wolosky LLP v Kestenbaum 2025 NY Slip Op 31695(U) May 9, 2025 Supreme Court, New York County Docket Number: Index No. 656174/2023 Judge: Lyle E. Frank represents a very common situation in the NY legal malpractice world. Client is involved in expensive legal proceedings, (here, they were both defendants and plaintiffs in…
Second Attempt Successful at Summary Judgment
By Andrew Lavoott Bluestone on
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It is relatively rare to get a second chance at summary judgment, but in North Flats LLC v Belkin Burden Goldman, LLP 2025 NY Slip Op 31640(U) May 6, 2025 Supreme Court, New York County Docket Number: Index No. 150420/2022 Judge: Richard G. Latin that’s exactly what happened.
“Plaintiff commenced this legal malpractice action against…
Some Problems are Timeliness, Some Are Substantive
By Andrew Lavoott Bluestone on
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Rotonde v Stewart Title Ins. Co. 2025 NY Slip Op 50728(U) Decided on May 6, 2025 Supreme Court, Westchester County Jamieson, J. is interesting as it deals with real estate fraud, and legal malpractice, although not regarding this particular dependent. The case also discusses how the fraud statute of limitations and the “discovery” onset are…
Defamation and Deceit Claims Lost
By Andrew Lavoott Bluestone on
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Judiciary Law 487 claims have rocketed in frequency over the past several years, which is ironic as it is a statute which first appeared in England in 1275. Here in Langton v Sussman & Watkins 2025 NY Slip Op 02765
Decided on May 7, 2025 Appellate Division, Second Department the plaintiff was removed from her…
Was It Trivial or Consequential?
By Andrew Lavoott Bluestone on
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Barrett v Sacks & Sacks, LLP 2025 NY Slip Op 02547 Decided on April 29, 2025 Appellate Division, First Department is an example of the “but for” part of the legal malpractice formula. The legal malpractice formula holds that a successful legal malpractice claim shows, (i) departure from good practice; (ii) which proximately causes a…
Still Too Early
By Andrew Lavoott Bluestone on
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Xiuwen Qi v Hang & Assoc., PLLC 2025 NY Slip Op 31308(U) April 16, 2025 Supreme Court, New York County Docket Number: Index No. 151821/2023 Judge: Mary V. Rosado is a discussion of “ripeness” and when a legal malpractice case can or cannot be proven.
“Upon the foregoing documents, and after a final…
Was She An Employee or An Independent Contractor
By Andrew Lavoott Bluestone on
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This question can have large real world consequences as we see in Park W. Exec. Servs., Inc. v Gallo Vitucci & Klar, LLP 2025 NY Slip Op 31462(U) April 25, 2025 Supreme Court, New York County Docket Number: Index No. 157052/2024 Judge: Paul A. Goetz. In a legal malpractice setting, whether the attorneys “admitted” that…
Not The Usual “Account Stated” Case
By Andrew Lavoott Bluestone on
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Goldstein v Scott Seidler Family Trust 2025 NY Slip Op 31422(U) April 22, 2025 Supreme Court, New York County Docket Number: Index No. 156268/2021 Judge: Judy H. Kim is a very unusual attorney fee/legal malpractice defense case. It is unusual for the initial highly aggressive procedure, as well as the assuredness with which the Court…
Not Bad Enough
By Andrew Lavoott Bluestone on
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Mohammad v Rehman 2025 NY Slip Op 01622 Decided on March 19, 2025 Appellate Division, Second Department has a Judiciary Law 487 claim which is dismissed on the pleadings as not bad enough. This is a very common CPLR 3211 decision in Judiciary Law 487 cases.
“In October 2019, the plaintiff commenced this action against…