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 documents what is a not unusual situation. In a divorce setting, one of the parties often think that a single attorney is representing them as well as their spouse.
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Another Appearance of An Alternative Theory of the Statute of Limitations
Lee v Leeds, Morelli & Brown, P.C. 2024 NY Slip Op 06624 Decided on December 24, 2024 Appellate Division, Second Department is another case against the law firm of Leeds, Morelli & Brown, P.C., which developed a method of suing large companies on behalf of their employees, which drew at least two legal malpractice cases…
Continuous Representation and A Relationship of Trust and Confidence
Lower courts are more likely to dismiss legal malpractice cases on the statute of limitations than are Appellate courts. Dellwood Dev., Ltd. v Coffinas Law Firm, PLLC
2024 NY Slip Op 06184 Decided on December 11, 2024 Appellate Division, Second Department is such an example.
“The plaintiffs commenced this action against the defendants Coffinas Law…
McCoy v. Feinman Raises Its Head
Every once in a while the ghost of McCoy v. Feinman, 99 N.Y.2d 295, 304 (2002) comes floating into view, (with apology for the mixed metaphor). The importance of this case is as an alternative theory for when the statute of limitations commences to run. Its application is seen in a passing comment…
The Pandemic is Over and Deposition to Take Place in NYC
Kleinberg, Kaplan, Wolff & Cohen, P.C. v Ria R Squared, Inc. 2024 NY Slip Op 34315(U) December 6, 2024 Supreme Court, New York County Docket Number: Index No. 152115/2023 Judge: Emily Morales-Minerva is an attorney fee case against a former client. Question: where may the president of the former client be deposed in this fee-malpractice…
Not Egregious Enough, Not Delinquent Enough for a Judiciary Law Claim
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.
More Lessons From an Unusual Case
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
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
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?
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…