It is our anecdotal experience that legal malpractice cases suffer a higher percentage of dismissals at the CPLR 3211 stage than do other types of claims, including medical malpractice. Park W. Exec. Servs., Inc. v Gallo Vitucci & Klar, LLP 2026 NY Slip Op 00428
Decided on January 29, 2026 Appellate Division, First Department is
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Who/What Might Be Liable For Violation of Judiciary Law 487?
Beyond that question, when does Melcher v. Greenberg Traurig, LLP, ‘s 6-year statute of limitation apply and when does Farage v. Ehrenberg’s three year statute apply?
In either setting Pergament v Government Employees Ins. Co. (“GEICO”) 2026 NY Slip Op 00267 Decided on January 21, 2026 Appellate Division, Second Department reminds us that only attorneys…
Disclaimer Trusts and Death
Will B. Sandler Disclaimer Trust v Swersky 2025 NY Slip Op 05909 [242 AD3d 625]
October 23, 2025 Appellate Division, First Department is a fairly unusual case in which an attorney was in business with a clieint for 30 years or more. When the attorney dieed, his interest in a particular LLC was a…
Privity, Legal Malpractice, Contribution and Indemnity
Real estate litigation and legal malpractice share a long brotherhood, and Chef Michael Barton Rest., LLC v Wknapp LTD. 2025 NY Slip Op 35003(U) December 23, 2025
Supreme Court, New York County Docket Number: Index No. 654339/2022 Judge: Kathleen Waterman-Marshall is an example of how the lack of privity dooms the claim.
“This action arises…
What Happens When Counsel Wants To Withdraw and Plaintiff Objects?
Chen v Romona Keveza Collection LLC 2025 NY Slip Op 34953(U) December 16, 2025
Supreme Court, New York County Docket Number: Index No. 153413/2020
Judge: Emily Morales-Minerva
Attorney wants out, client wants him to stay, huge payments and unauthorized use of a corporate credit card notwithstanding.
“Non-party movant Sutton Sachs Meyer PLLC, New York, NY…
Attorneys in a Landlord-Tenant Case Are Held In For a Judiciary Law 487 Claim
Calixto v A. Balsamo & Rosenblatt, P.C. 2025 NY Slip Op 06686 Decided on December 3, 2025 Appellate Division, Second Department is the story of a L & T law firm that had an apartment building client, and apparently kept starting cases, knowing that the claims were exagerated and that the apartment building was not…
A False Lease?
In Coalition of Landlords, Homeowners, & Merchants, Inc. v Glass, https://www.nycourts.gov/reporter/3dseries/2025/2025_05936.htm2025 NY Slip Op 05936 [242 AD3d 1172] October 29, 2025 Appellate Division, Second Department it was alleged that a false lease was used to defeat a claim. The Judiciary Law 487 claim was that the attorneys knew the lease was false…
Legal Malpractice Case Lost On Debtor-Creditor Issues
Howlader v Aranow Law, P.C. 2025 NY Slip Op 05505 [242 AD3d 841] October 8, 2025
Appellate Division, Second Department is a case lost to plaintiff on the “but for” axis, where the court found that Plaintiff would not have obtained a homestead exemption in bankruptcy, so there was no damage.
“In this legal malpractice…
Possibly the Most Wide-Ranging Award Against an Attorney, Ever
Sanders Equities LLC v Maldonado 2025 NY Slip Op 34592(U) December 17, 2025
Supreme Court, Nassau County Docket Number: Index No. 605681/2022
Judge: Sharon M.J. Gianelli is the only decision we remember where plaintiff was wholly successful, obtained an inquest, and received legal malpractice damages, breach of fiduciary duty damages, disgorgement of previously paid fees…
A Pro-Se Claim Goes Down In Possible AI Flame
In Hilpert v 16 Judge SPV LLC 2025 NY Slip Op 34683(U) December 4, 2025
Supreme Court, Kings County Docket Number: Index No. 522220/2025
Judge: Reginald A. Boddie the pro-se case ends in dismissal, sanctions and a vexatious litigant finding against the pro-se plaintiff. AI research may have had a part.
“Defendant David Koshers, Esq.