Here, defendants oppose amendment, renew their opposition, and then take an appeal. The appeal fails.
“In May 2016, the plaintiffs commenced this action to recover damages for legal malpractice against the defendant, their former attorneys, who represented the plaintiffs in connection with leasing certain real property located in Manhattan. The plaintiffs amended the complaint in…
Real Estate transactions and litigation take up a major space in the legal malpractice world. Lending Assets LLC v Gerbi 2025 NY Slip Op 31229(U) April 10, 2025 Supreme Court, New York County Docket Number: Index No. 152329/2023 Judge: Judy H. Kim is one such example.
“In this legal malpractice action, plaintiff alleges that on…
Kakushadze v Skin Cancer & Aesthetic Surgery, P.C. 2025 NY Slip Op 31149(U) April 3, 2025 Supreme Court, Kings County Docket Number: Index No. 500196/2023 Judge: Ingrid Joseph seems to be (the decision does not discuss representation of plaintiff) the kind of issues that arise in pro-se cases.
“Plaintiff Zurab Kakushadze (“Plaintiff”) commenced this action…
Whether other issues will work in the attorney’s favor is a question for summary judgment. In Golden Ins. Co. v Vogrin & Frimet, LLP 2025 NY Slip Op 31103(U) April 4, 2025 Supreme Court, New York County Docket Number: Index No. 162162/2023 Judge: Mary V. Rosado, the court held that failing to raise a controlling…
The words “legal malpractice” are mentioned only in passing, yet Medical Supply of NY Corp. v State Farm Mut. Auto. Ins. Co. 2025 NY Slip Op 50412(U) Decided on April 1, 2025 Civil Court Of The City Of New York, Kings County Roper, J. is a fascinating analysis of what is a signature. The notary…
Link Motion Inc. v DLA Piper LLP (US) 2025 NY Slip Op 30568(U) February 14, 2025 Supreme Court, New York County Docket Number: Index No. 653322/2022 Judge: Andrew Borrok has an unusual opening line stating that the only question really before the court is whether to sanction plaintiff or not.
“Upon the foregoing documents as…
In Stumacher v Medical Liab. Mut. Ins. Co. 2025 NY Slip Op 31014(U) March 31, 2025 Supreme Court, New York County Docket Number: Index No. 157477/2024 Judge: Judith N. McMahon, one of three physicians sues for bad faith by his insurance carrier and legal malpractice by his defense attorney.
Three physicians are represented by…
In 99th Ave. Holdings, LLC v Schatz 2025 NY Slip Op 30979(U) March 13, 2025 Supreme Court, New York County Docket Number: Index No. 151688/2024 Judge: Emily Morales-Minerva defendant attorney argued that he was the transactional attorney for negotiations by a business owner with the landlord, and that once trial counsel was hired, he was…
Scott v Schwartz 2025 NY Slip Op 01849 Decided on March 27, 2025 Appellate Division, Third Department is an appeal from the most complicated and difficult kind of case that exists. It is a legal malpractice case based upon claimed mistakes made in a medical malpractice case which is based upon mistakes made by an…
A claim unique to the legal malpractice world is that of privity of contract. Long ago left behind in most spheres of the law (see: products liability), privity is still required in order to sue an attorney for departures from good practice. While there is a slim exception for fraud, collusion, malice and…
