In Gad v Kramer Levin Naftalis & Frankel, LLP 2022 NY Slip Op 34357(U) December 20, 2022 Supreme Court, New York County Docket Number: Index No. 156841/2021
Judge: Margaret A. Chan Siblings fight long and hard over a very lucrative business, resulting in years of litigation, costly attorney fees, and the ultimate try at selling…

Strict privity of contract requirements make legal malpractice different from all other types of litigation. Even in products liability, which once rested completely and solely upon privity of contract as a prerequisite, things have loosened. Betz v Blatt, 2022 NY Slip Op 07430 Decided on December 28, 2022 Appellate Division, Second Department, which…

In Richmond Hospitality, LLC v Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrera, Wolf & Carone, LLP 2022 NY Slip Op 51310(U) Decided on December 20, 2022
Supreme Court, Richmond County Castorina Jr., J. we see a situation unique to legal malpractice cases. Early on the Court will dismiss, determining that the complaint cannot state a cause…

Kaufman v Boies Schiller Flexner, LLP  2022 NY Slip Op 06883  Decided on December 06, 2022  Appellate Division, First Department is a terse decision which modifies Supreme Court’s complete dismissal of all claims.  Now, a breach of contract claim remains.  Judiciary Law § 487 is out.

“The complaint stated a limited cause of action for…

Successfully pleaded Judiciary Law § 487 claims are not a given.  Default judgments are even rarer, but here is one example.  In Ezra Huber & Assoc., P.C. v Genevieve Lane Lopresti
2022 NY Slip Op 06910 Decided on December 7, 2022 Appellate Division, Second Department the default judgment was affirmed.

“The plaintiff commenced this action…

Federal Ins. Co. v Lester Schwab Katz & Dwyer, LLP  2022 NY Slip Op 07149  Decided on December 15, 2022 Appellate Division, First Department is a case by the insurer versus its attorney arising from what was most likely a personal injury claim.  Overlooking the actual email sent by the law firm, Plaintiff sued for…

Pro-se litigation often raises difficult questions of whether attorneys (relying on regular practices) have said something deceitfully, or whether the Pro-se simply does not understand how litigation procedure works.  Delo v O’Connor  2022 NY Slip Op 34135(U)  December 7, 2022  Supreme Court, New York County  Docket Number: Index No. 652721/2022 Judge: Arlene P. Bluth is…

Belair & Evans LLP v Rizzo  2022 NY Slip Op 06986  Decided on December 08, 2022  Appellate Division, First Department is an example of the Court taking things into its own hands and directing a show cause order why a counterclaim should not be dismissed.  Then the Court dismissed all the counterclaims.

“Order, Supreme Court,…