Nasca v Greene 2023 NY Slip Op 02317 Decided on May 3, 2023 Appellate Division, Second Department discusses the reach of Judiciary Law 487. Not all deceitful acts are subject to JL 487 claims.
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In February 2019, the plaintiff commenced this action, inter alia, to recover damages for violation of Judiciary Law § 487…
Miho Suzuki v Greenberg 2023 NY Slip Op 31289(U) April 21, 2023 Supreme Court, New York County Docket Number: Index No. 159360/2021 Judge: David B. Cohen may be the only case in which summary judgment was granted to plaintiff on a Judiciary Law 487 claim. It leans heavily on a prior finding in a matrimonial…
Siegel v Melito & Adolfsen, P.C. 2023 NY Slip Op 31373(U) April 14, 2023
Supreme Court, New York County Docket Number: Index No. 152781/2022
Judge: Dakota D. Ramseur is a primer on how to avoid a statute of limitations problem in a legal malpractice setting when a claim against the first of several attorneys may…
“But for” proximate cause is central to legal malpractice claims. In Bono v Stim & Warmuth, P.C. 2023 NY Slip Op 02099 Decided on April 26, 2023 Appellate Division, Second Department the claim was that “but for” the failure to plead “usury” as an affirmative defense, the underlying litigation would have been won. The Appellate…
Legal malpractice is different from almost all other forms of litigation, requiring not only the pleading of “but for” causation, but also a very robust explanation of how things “should’ have gone, but for the negligence of the attorneys. In Buchanan v Law Offs. of Sheldon E. Green, P.C. 2023 NY Slip Op 01980 Decided…
Creadore v Rosenberg & Estis, P.C. 2023 NY Slip Op 31253(U) April 19, 2023
Supreme Court, New York County Docket Number: Index No. 155690/2022
Judge: Lyle E. Frank is an illustration of what happens when attorneys are terminated and then the underlying case settles while attorney # 2 is representing Plaintiff (or Plaintiff is pro-se).…
Fraumeni v Law Firm of Jonathan D’Agostino, P.C. 2023 NY Slip Op 01984
Decided on April 19, 2023 Appellate Division, Second Department illustrates the outer limits of “continuous representation” which requires a continuing relationship of trust and confidence as well as a mutual understanding of the need for further legal work. Here, the act of…
Kleinberg v Pellegrini & Assoc., LLC 2023 NY Slip Op 31196(U) April 3, 2023
Supreme Court, New York County Docket Number: Index No. 154718/2014
Judge: Shlomo S. Hagler is an example of how an unopposed motion for summary judgment will almost always be the end of the case. Here, the legal malpractice claim was that…
Williams v Silverstone 2023 NY Slip Op 01917 Decided on April 12, 2023
Appellate Division, Second Department is a common or varietal version of motion to dismiss decisions in legal malpractice settings. Plaintiff alleges that she had to settle a case with her former employer, which could have come out better, had the attorneys not…
O’Keefe v Barra 2023 NY Slip Op 01829 Decided on April 6, 2023 Appellate Division, Third Department is the kind of case that defendant attorneys (and their insurers) point to as “bad” legal malpractice cases…those that are made in counterclaims to fee lawsuits by the attorney against the client. In this case, attorney wins the…
