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
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“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…
Years Of Litigation To No Purpose
Kraemer v Edelstein 2025 NY Slip Op 30623(U) February 24, 2025 Supreme Court, New York County Docket Number: Index No. 153243/2024 Judge: Ariel D. Chesler is summed up simply “Plaintiff has come to this Court with nothing short of an unintelligible conspiracy theory not a cause of action.”
“Between 2014 and 2015, plaintiff was involved…
Summary Judgment Reversed On Appeal
Kliger-Weiss Infosystems, Inc. v Ruskin Moscou Faltischek, P.C. 2025 NY Slip Op 00956
Decided on February 19, 2025 Appellate Division, Second Department is that very rare reversal of summary judgment at the appellate level. The Decision illustrates the depth to which the Courts will go in dissecting the “but for” causation in the underlying case.…