Xiuwen Qi v Hang & Assoc., PLLC 2025 NY Slip Op 30306(U) January 24, 2025 Supreme Court, New York County Docket Number: Index No. 151821/2023 Judge: Mary V. Rosado discusses the exception to mandatory arbitration of attorney fee claims. Here, Plaintiff sued the law firm, and the law firm counterclaimed for fees. Is that counterclaim
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Very Complicated Corporate Transactions and Breach of Fiduciary Duty
Dixie v Scheer 2025 NY Slip Op 30167(U) January 11, 2025 Supreme Court, New York County Docket Number: Index No. 654690/2022 Judge: Andrea Masley is a primer on how one corporate entity can take over another. Candidly, the level of detail is greater than can be summarized in this blog. Here are some of the…
When The Battle Moves to In Limine Motions
Mazzone v Alonso, Andalkar & Facherhttp://chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.nycourts.gov/reporter/pdfs/2025/2025_30147.pdf, P.C. 2025 NY Slip Op 30147(U) January 15, 2025 Supreme Court, New York County Docket Number: Index No. 152735/2019 Judge: Andrew Borrok is a fascinating look at the pre-trial motion practice and how it can shape a trial.
“Preclusion of evidence that Rosa Mazzone was concerned about…
The Focus Shifts To Successor Counsel
In Amoia v Mandelbaum Barrett, P.C. 2025 NY Slip Op 30175(U) January 17, 2025 Supreme Court, New York County Docket Number: Index No. 150936/2024 Judge: Paul A. Goetz, a fairly common scenario is depicted. This oft-repeated trope is found in medical malpractice settings, especially when the need for an expert arises.
In medical malpractice claims…
Gross Negligence in An Accounting Malpractice Case
We have discussed Island Consol. v Grassi & Co., Certified Public Accountants PC 2025 NY Slip Op 30094(U) January 7, 2025 Supreme Court, New York County Docket Number: Index No. 451469/2023 Judge: Margaret A. Chan twice now. It’s very unusual to see a “gross negligence” claim make and rarer still to see it upheld.
“In…
More Highlights From An Accounting Malpractice Case
Island Consol. v Grassi & Co., Certified Public Accountants PC 2025 NY Slip Op 30094(U) January 7, 2025 Supreme Court, New York County Docket Number: Index No. 451469/2023 Judge: Margaret A. Chan came as somewhat of a surprise to read. Not only did a statute of limitations defense in an accounting malpractice suit fail, but…
A Wealth Of Claims In This Accounting Malpractice Case
Island Consol. v Grassi & Co., Certified Public Accountants PC 2025 NY Slip Op 30094(U) January 7, 2025 Supreme Court, New York County Docket Number: Index No. 451469/2023 Judge: Margaret A. Chan came as somewhat of a surprise to read. Not only did a statute of limitations defense in an accounting malpractice suit fail, but…
The Not Well Known Offset Exception to the Statute of Limitations
There is a not-well known exception to the statute of limitations found in CPLR 203(d) which is explained by the Appellate Division, Second Department in Getzel Schiff & Pesce, LLP v Shtayner 2024 NY Slip Op 06186 Decided on December 11, 2024.
“In November 2021, the plaintiff, Getzel Schiff & Pesce, LLP (hereinafter GSP), commenced…
A Judiciary Law 487 Claim Revived
Ostrander v Mullen 2024 NY Slip Op 06461 Decided on December 20, 2024
Appellate Division, Fourth Department is an example of what really sounds like a JL 487 kind of claim. It concerns allegations of a “forged” deed and attempts to use it in litigation.
“We agree with plaintiffs that Supreme Court erred in dismissing…
How A Law Firm Successfully Withdrew From a Case
Seibel v Scarola Zubatov Schaffin PLLC 2025 NY Slip Op 00067 Decided on January 07, 2025 Appellate Division, First Department is the story of how a law firm successfully withdrew from a case when the client became less than cooperative.
“The court properly granted defendant’s motion for summary judgment dismissing the complaint for legal malpractice…