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 has a wealth of issues and lessons. The first principle to take from this case is what is negligence, what is “basically” negligence and what…

Being too poor to arbitrate is a unique way out of arbitration and in Villaver v Paglinawan 2024 NY Slip Op 04159 [230 AD3d 533] August 7, 2024
Appellate Division, Second Department allows plaintiff to bring the case back to Supreme Court.

“In an action for declaratory relief and to recover damages for legal malpractice…

In a short but sweet explanation, the First Department explains why a client can blame the attorney after following the attorney’s advice and taking a particular position in Ingram Yuzek Gainen Carroll & Bertolotti, LLP v McCullar 2024 NY Slip Op 05406
Decided on October 31, 2024 Appellate Division, First Department.

“Defendant alleges that plaintiff…

Pro-se litigation against attorneys is not a highly successful process. Legal malpractice rules are complex, and courts are ready to apply collateral estoppel and res judicata. Mehmeti v Karlin 2024 NY Slip Op 05285 Decided on October 24, 2024 Appellate Division, First Department is one such example.

“Order, Supreme Court, New York County (Mary V.

GIT Inc. v Quinn Emanuel Urquhart & Sullivan, LLP, 2024 NY Slip Op 05486, Decided on November 07, 2024, Appellate Division, First Department is an excellent example of how Supreme Court will pick apart legal malpractice claims under the “but for” element of causation, and will evince little reluctance to decide how the underlying…

Dimino v Jonathan C. Reiter Law Firm, PLLC 2024 NY Slip Op 33829(U) October 8, 2024 Supreme Court, New York County Docket Number: Index No. 805092/2024 Judge: Paul A. Goetz is a legal malpractice case based upon claims of negligent filing of a WTC Victim’s Compensation case.

“Plaintiffs, Nancy Dimino and Sabrina Dimino are the…

Braig v Baker 2024 NY Slip Op 51438(U) Decided on October 22, 2024 Supreme Court, Westchester County Giacomo, J. is an interesting case in which a $ 1M + settlement was obtained, but two sets of attorneys shied away from continuing the case against an employer of the driver. Attorney 2 seeks to blame…

Although not a typical claim that the experts were badly selected, or were not competent, D’Angelo v Kujawski 2024 NY Slip Op 05200 Decided on October 23, 2024
Appellate Division, Second Department is really about experts. The case was decided on an analysis of the opposing experts in the underlying medical malpractice case.

“The plaintiff…