The claims in the complaint are striking. Claims that a 90-year old was pushed into a guardianship, was wrested from her home of 70 years, was defamed and was the recipient of extreme emotional distress did not state a cause of action for violation of Judiciary Law 487.
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More Lessons From an Unusual Case
By Andrew Lavoott Bluestone on
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Generally speaking, legal malpractice cases are styled as legal malpractice, breach of fiduciary duty and breach of contract. in Kohler v West End 84 Units LLC 2024 NY Slip Op 34215(U) November 26, 2024 Supreme Court, New York County Docket Number: Index No. 654985/2023 Judge: Lyle E. Frank, there were additionally anti-Slapp issues, defamation, fraud…
A Large Number of Unusual Claims Survive Dismissal Motion
By Andrew Lavoott Bluestone on
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Typically legal malpractice claims are limited to a triumvirate which include Legal Malpractice, Breach of Fiduciary Duty and Breach of Contract. Often, the Breach of Fiduciary Duty and Breach of Contract claims are dismissed as “duplicitive” of the Legal Malpractice claim.
Kohler v West End 84 Units LLC 2024 NY Slip Op 34215(U) November 26…
Denial Upheld On Appeal
By Andrew Lavoott Bluestone on
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We reported on this case when Supreme Court denied dismissal. Now the AD has affirmed in Postiglione v Sacks & Sacks, LLP 2024 NY Slip Op 06070 Decided on December 4, 2024.
“In an action to recover damages for legal malpractice, the defendants appeal from an order of the Supreme Court, Kings County (Karen B.
Within The Scope of Representation or Not?
By Andrew Lavoott Bluestone on
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Berger v Lewis Johs Avallone Aviles, LLP 2024 NY Slip Op 05952 Decided on November 27, 2024 Appellate Division, Second Department makes the point that it is not necessary to specifically allege that the alleged malpractice “fell within the agreed scope of defendant’s representation”, although it is necessary that the actual scope of representation encompasses…
Conclusory or Material?
By Andrew Lavoott Bluestone on
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In D’Adamo v Cohen 2024 NY Slip Op 05956 Decided on November 27, 2024
Appellate Division, Second Department a legal malpractice case was dismissed because the allegations were too “conclusory,”
“In an action, inter alia, to recover damages for legal malpractice, the plaintiffs appeal from an order of the Supreme Court, Westchester County (Alexandra D.
Plaintiff Actually Stated a Cause of Action
By Andrew Lavoott Bluestone on
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In a relatively rare reversal of Supreme Court’s CPLR 3101 dismissal of a legal malpractice case, the Appellate Division, Second Department reversed and remanded Kowalski v Gold Benes, LLP 2024 NY Slip Op 05967 Decided on November 27, 2024.
“The plaintiffs commenced this action to recover damages for legal malpractice against the defendants. The plaintiffs…
Plaintiff’s Judiciary Law 487 and Fraud Allegations Fail
By Andrew Lavoott Bluestone on
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In Grasso v Guarino 2024 NY Slip Op 02692 [227 AD3d 872] May 15, 2024 Appellate Division, Second Department, even allegations that the law firm falsely stated that plaintiff had been sanctioned and a claimed deceitful representation that there were no client notes is insufficient. Note all the elements of Judiciary Law 487 recited by…
Plaintiff says “Forged” Documents, But Court Says No to Judiciary Law 487 Claim
By Andrew Lavoott Bluestone on
Posted in Uncategorized
Lutin v Perlberger 2024 NY Slip Op 31879(U) May 29, 2024 Supreme Court, New York County Docket Number: Index No. 158734/2023 Judge: Dakota D. Ramseur discusses how a plaintiff might claim “extortion” when it really means “harassment” and how “forged” documents might not be enough for a Judiciary Law 487 claim.
“Pro se plaintiff, Gary…
Another Lesson From An Accounting Malpractice Case
By Andrew Lavoott Bluestone on
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Earlier this week we looked at Lateral Inv. Mgt., LLC v Marcum, LLP 2024 NY Slip Op 33865(U) October 29, 2024 Supreme Court, New York County Docket Number: Index No. 154273/2023 Judge: Joel M. Cohen for a discussion of the statute of limitations for accounting malpractice claims. Today we look at the in pari…