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
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An Attorney Can Be Negligent For Failing to Seek Leave to File A Late Notice of Claim
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…
No Prior Knowledge Notification, No Coverage
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…
“Effectively Compelled” requires More Than Dissatisfaction
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…
A Legal Malpractice Case Lost; An Appeal Dismissed
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…
Read the AD’s Lips
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…
A Contested Foreclosure, A Series of Motions and a Judiciary Law 487 Claim
HOF I Grantor Trust 5 v YLW Squared Inc. 2025 NY Slip Op 30681(U) February 26, 2025 Supreme Court, Kings County Docket Number: Index No. 531361/22 Judge: Lawrence Knipel is a mess. A foreclosure granted on default, late and multiple motions to vacate, a novel and intentional attempt to get around word limits in motions…
Many Opportunities and Then An Answer Stricken
Sanders Equities LLC v Maldonado 2025 NY Slip Op 30694(U) March 3, 2025 Supreme Court, Nassau County Docket Number: Index No. 605681/2022 Judge: Sharon M.J. Gianelli is the rare story of an apparently pro-se attorney defendant having his answer stricken in a legal malpractice case.
“By the Court’s most recent Decision and Order, dated October…
Judiciary Law 487 Claim Remains After Appeal
We reported on this case when it was decided in Supreme Court and now after a couple of years it has been decided in the Appellate Division in Altman v Orseck 2025 NY Slip Op 00940 Decided on February 19, 2025 Appellate Division, Second Department.
“The plaintiffs, Charles Altman and Altman Law Group, LLC, commenced…
A Long Course of Representation While the Law Changed
9/11 continues to cast a long shadow over the personal injury world, and will until 2090. That is the lesson of Mollahan v Worby Groner Edelman & Napoli Bern LLP 2025 NY Slip Op 30644(U) February 25, 2025 Supreme Court, New York County Docket Number: Index No. 195690/2022 Judge: David B. Cohen. As the law…