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…

We rarely see the Appellate Division, or courts in general, take up the issue of a “time sensitive” setting in determining whether an attorney departed from good practice by telling the client to get advice from an outside attorney, especially where the advice comes up in a specialized area. In Porter v Bachner, 2024 NY…

In Supreme Court the judge, sua sponte, dismissed or declined to consider the Judiciary Law 487 counterclaims. In Matter of Jones Law Firm, P.C. v J. Synergy Green, Inc.
2024 NY Slip Op 05053 Decided on October 15, 2024 the Appellate Division, First Department determined that there is no appellate remedy, even where the AD…

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…