Payne v Rosenberg, Minc, Falkoff & Wolff, LLP 2024 NY Slip Op 05143 Decided on October 17, 2024 Appellate Division, First Department is not a particularly controversial decision, and we wonder why an appeal was taken. Nevertheless, a protective order concerning medical records and collateral source information was denied by the trial court and affirmed…

We are almost at the end of reading cases which discuss the Covid tolling of the statute of limitations in 2020. Here is one of the last likely legal malpractice cases extended by the plague.

In Nath v Chemtob Moss Forman & Beyda, LLP 2024 NY Slip Op 05061 Decided on October 15, 2024 the…

SJB RE Holdings, LLC v Gifford 2024 NY Slip Op 30924(U) March 21, 2024 Supreme Court, Saratoga County Docket Number: Index No. EF20233420 Judge: Richard A. Kupferman is a case about an apartment tenant moving out, and the landlord keeping the security deposit, over whether the apartment needed repainting and whether the landlord was permitted…

Silverstein v Nezhat 2024 NY Slip Op 32173(U) June 24, 2024 Supreme Court, New York County Docket Number: Index No. 109486/2006 Judge: Kathy J. King is a good example of how Courts generally treat Judiciary Law 487 claims. They are skeptical, and have a high tolerance to attorney conduct, rarely upholding a 487 claim.

“The…

A.M. Richardson, III, LLC v Iron Oak, Inc. 2024 NY Slip Op 33464(U) September 27, 2024 Supreme Court, New York County Docket Number: Index No. 651250/2023 Judge: Lyle E. Frank is short and sweet. Attorney send an invoice and client writes back that they have to discuss the bill. Insufficient objection to overcome the “account…

Getty v Schiavetta 2024 NY Slip Op 50697(U) [83 Misc 3d 1212(A)] Decided on May 18, 2024 Supreme Court, Westchester County Ondrovic, J. is a claim of legal malpractice and violation of Judiciary Law 487. Portions of the case were dismissed and motions for default were denied.

“By way of background, pro se plaintiff commenced…

We have often argued that attorneys are given many dispensations in legal malpractice litigation that defendants in other professional negligence cases and in most litigation do not enjoy. Our colleagues in the legal defense bar don’t exactly disagree, but generally argue that the rules are fair. One item that no one disagrees with is that…

Chang v Yi Lin 2024 NY Slip Op 33338(U) September 20, 2024 Supreme Court, New York County Docket Number: Index No. 161222/2023 Judge: Mary V. Rosado is an not unusual legal malpractice claim in which it is unclear whether the attorney actually represented plaintiff (or whether he represented her husband only). Added to the factual…