Legal malpractice is always a comparison between the actual outcome and the hypothetical better outcome had the attorneys not departed from good practice. Courts often refuse to allow plaintiff to “prove” the hypothetical better outcome. While plaintiff can succeed where there has been a total shutout in the actual outcome (and can show that a…

Balta v Graner 2024 NY Slip Op 51273(U) Decided on August 28, 2024
Supreme Court, Kings County Rivera, J.

An attorney is hired to litigate a fire case. He files a Summons with Notice and then fails to serve a complaint when it is demanded. A motion to dismiss is granted on default. Opposition to…

Poquee v Wheldon 2024 NY Slip Op 51245(U) Decided on September 5, 2024 Supreme Court, Albany County, Hartman, J., restates the well settled (and perhaps unfair) rule that a criminal defendant has no good claim against the defense attorney absent “actual innocence” which generally means acquittal, exoneration or reversal on appeal.

Practitioners get a large…

In Smith, Gambrell & Russell, LLP v 3 W. 16th St., LLC 2024 NY Slip Op 33084(U) September 3, 2024 Supreme Court, New York County Docket Number: Index No. 654238/2021 Judge: Lyle E. Frank, neither the attorney claiming an account stated nor defendants, claiming the passage of the statute of limitations gets summary judgment.

“Plaintiff…

Xiuwen Qi v Hang & Assoc., PLLC 2024 NY Slip Op 33089(U) September 3, 2024 Supreme Court, New York County Docket Number: Index No. 151821/2023 Judge: Mary V. Rosado is a legal malpractice case arising from a wage and hour case which was dismissed for two reasons. The most immediate was the failure to attend…

Jingyi Ni v Shenlaw, LLC 2024 NY Slip Op 51148(U) Decided on August 1, 2024 Supreme Court, New York County Lebovits, J. is a fascinating case. To start it is not really a legal malpractice case, and might have been brought for the purpose of saving an EB5 immigration application rather than for money damages. …

Law firms frequently insert arbitration clauses into their retainer agreements, and require arbitration of all claims concerning potential malpractice. In an unusual setting, the clients sue their attorneys for failing to tell them to basically do the same thing,

Signature Cleaning Servs., Inc. v Grimaldi 2024 NY Slip Op 32966(U) August 23, 2024 Supreme…

Reem Contr. v Altschul & Altschul 2024 NY Slip Op 32915(U) August 19, 2024 Supreme Court, New York County Docket Number: Index No. 104202/2011 Judge: David B. Cohen presents the interesting question of whether a party may make a second motion for summary judgment, and if so, under what circumstances. Here, Defendants are denied a…