In McNaughton v 5 W. 14 Owners Corp. 2025 NY Slip Op 00831 Decided on February 13, 2025 Appellate Division, First Department Plaintiff lost at the Supreme Court level and was sanctioned. On appeal, the sanctions were vacated, but the dismissals were affirmed.

“Order, Supreme Court, New York County (Nancy M. Bannon, J.), entered on…

Milennium Dev. & Constr., LLC v Pick 2025 NY Slip Op 00853 Decided on February 13, 2025 Appellate Division, Second Department brings to mind the proverb (from Plutarch and Suetonius) that Caesar’s wife should be free from suspicion as well as from accusation. In this case, which of course alleges attorney error, the matter was…

Silver v Baker Botts L.L.P. 2025 NY Slip Op 00732 Decided on February 06, 2025 Appellate Division, First Department tells us that the burden is not high.

“It is well established that the relationship of client and counsel is one of fiduciary reliance and that “[t]he duty to deal fairly, honestly and with undivided loyalty…

It’s unusual to obtain a default judgment against an attorney, but even more unusual to lost the resulting inquest when no damages are demonstrated. That’s what happened in Bobbo Prop. Mgt., Inc. v Faulkner 2025 NY Slip Op 00646 Decided on February 5, 2025 Appellate Division, Second Department.

“In May 2013, the plaintiff commenced this…

In Dodenc v Dell & Dean, PLLC 2025 NY Slip Op 00650 Decided on February 5, 2025
Appellate Division, Second Department Plaintiff lost an auto accident case on the question of the Threshold, which is the question of whether plaintiff suffered “serious physical injury” under the insurance law. The No-Fault provisions of the insurance…

Genesis REOC Co., LLC v Poppel 2025 NY Slip Op 30387(U) January 31, 2025 Supreme Court, New York County Docket Number: Index No. 156733/2017 Judge: Melissa A. Crane is a well written guide to a common issue. In complex corporate (or hedge fund) transactions, whom does the attorney represent? Here the issue is whether the…

Peck v Milbank LLP 2025 NY Slip Op 30180(U) January 17, 2025 Supreme Court, New York County Docket Number: Index No. 152290/2022 Judge: Andrew Borrok is a claim involving breach of fiduciary duty and violation of Judiciary Law 487. Several issues were recently decided.

“Upon the foregoing documents and for the reasons set forth below…

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…