Joseph v Fensterman  2022 NY Slip Op 02398  Decided on April 13, 2022 Appellate Division, Second Department is a reversal, in part, of what we believe are all too common legal malpractice CPLR 3211 dismissals.

“In November 2014, the plaintiffs commenced this action, inter alia, to recover damages for violations of Judiciary Law § 487

When the attorney-client relationship ends, and continuous representation also ends are the subject of a significant number of decisions.  The requirements for continuous representation, that there is actual work performed, that there is a continuing relationship of trust and confidence and that there is a shared understanding of the need for further work are all

A recurring issue in legal malpractice is how to deal with the attorney who quits midstream.  In medical malpractice cases that often comes just before the 2 1/2 year deadline.  The attorney will take the case, work it up, and about 2 years into the representation tell the client that he/she is withdrawing.  This leaves

Ward v Klein 2022 NY Slip Op 02154 Decided on March 30, 2022 Appellate Division, Second Department gives an explanation of how and when a CPLR 205 recommencement of an action is viable and when it is not.

“The plaintiff hired the defendants to represent her in connection with certain disciplinary charges brought against her

In Platt v Berkowitz  2022 NY Slip Op 01405 Decided on March 03, 2022  the Appellate Division, First Department wiped out two separate Judiciary Law § 487 claims, on on collateral estoppel and the other for lack of standing.

“The doctrine of collateral estoppel precludes plaintiff’s Judiciary Law § 487 claim against defendant Morrell Berkowitz,

For a plaintiff’s legal malpractice attorney, the idea of an uncollectable trial verdict is abhorrent.  The balance of this decision in Matter of Heller, 2022 NY Slip Op 01877, Decided on March 17, 2022, Appellate Division, First Department is similarly a disgrace.

“Respondent Mark J. Heller was admitted to the practice of law in