Tsirklin v Wolfe 2025 NY Slip Op 52011(U) Decided on December 9, 2025 Supreme Court, Westchester County Rivera, J. makes one surprising finding, and one easily understandable finding.
A non-party attorney’s affirmation (using pre-2024 language was ruled inadmissible for lack of the 2024 CPLR 2016 language. The retainer agreement was held to determine whether plaintiff…
Gelwan v De Ratafia 2025 NY Slip Op 07093 Decided on December 18, 2025 Appellate Division, First Department is a convoluted story of old attorneys, new attorneys, associated attorneys and a fee which was pursued by each of the attorneys.
“Order, Supreme Court, New York County (David B. Cohen, J.), entered on or about October…
Nerayoff v Covington & Burling LLP 2025 NY Slip Op 34563(U) November 25, 2025 Supreme Court, New York County Docket Number: Index No. 158208/2024 Judge: Mary V. Rosado, is that avis rara criminal defense legal malpractice case that permits the claim upon a showing of actual innocence. While that structural defense was not deployed or…
While many court conferences are held virtually (and practitioners almost universally relish this change), there are still many in-person, in-court conferences. The single failure of plaintiff’s attorney to attend a conference can be the basis for dismissal of plaintiff’s case, which is certainly a drastic outcome. In Marathon Strategies, LLC v Centennial Props. Inc. 2025…
Not that many Judiciary Law 487 cases go to trial, and fewer are successful. Josephs v AACT Fast Collections Servs. Inc. 2025 NY Slip Op 34427(U) November 18, 2025 Supreme Court, Kings County Docket Number: Index No. 502491-2012 Judge: Peter P. Sweeney was lost at a bench trial.
“The undersigned presided over a bench trial…
A case is started and a default in answering takes place. How the balance of the litigation and the dismissal of the claim took place is now the subject of a legal malpractice claim involving multiple law firms in Mei Lan Zhang v Wu & Kao, PLLC 2025 NY Slip Op 34523(U) November 25, 2025…
Stfleur v Wallace 2025 NY Slip Op 34502(U) November 24, 2025 Supreme Court, Kings County Docket Number: Index No. 525973/2019 Judge: Ingrid Joseph delves into whether a defendant attorney can get her case severed from the plaintiff’s claims against others.
“In this matter, Denaka L. Perry, Esq. (“Perry”) moves (Motion Seq. 5) for an Order…
“But for” causation is highlighted in the technical description of a commercial loan and its consequences in Salamone v Deily & Glastetter, LLP 2025 NY Slip Op 04846 [241 AD3d 1078] September 4, 2025 Appellate Division, First Department. Whether the loan was usurious and how the attorneys interacted with the loss of repayment are discussed.…
In a very (very) unusual kind of opinion, Justice Weinmann of Supreme Court, Erie County holds in Hogan v Van Buren, 2025 NY Slip Op 25259 Decided on October 3, 2025 that a suspended attorney may not seek fees from the clients involved in the litigation which caused his suspension.
“Corey Hogan is a…
As yet another real estate legal malpractice case, the decision in 538 Morgan Realty LLC v Law Off. of Aihong You, PC 2025 NY Slip Op 06639 Decided on December 02, 2025
Appellate Division, First Department distinguishes between two different (and subsequent) firms.
“Plaintiffs alleged facts permitting a reasonable inference that the liquidated damages clause…
