It’s a puzzling set of facts, and as enunciated by the Court, it seems that the two sons running a liquor store signed papers selling the store and the building when they had no authority to do so. Was the buyer’s attorney potentially liable to the owner?
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Legal Malpractice and Corporate Proceedings
Dixie v Scheer 2025 NY Slip Op 30167(U) January 11, 2025 Supreme Court, New York County Docket Number: Index No. 654690/2022 Judge: Andrea Masley is a chronocal of how an investment can be completely undermined by mergers and sales of assets so that the investment is completely lost. Were the attorneys a cause, is a…
How One Law Firm Insulated Itself
Seibel v Scarola Zubatov Schaffin PLLC 2025 NY Slip Op 00067 [234 AD3d 457]
January 7, 2025 Appellate Division, First Department answers a murky question: How can a law firm set up an exit strategy in its retainer agreement and keep the fees already paid?
Order, Supreme Court, New York County (Jennifer G. Schecter, J.)…
A Primer on Accountant Professional Liability – Continued
Accounting malpractice is different from legal malpractice in several important ways. The first is the nature of yearly tax filings, which sets the structure for the application of the statute of limitations to a mistake in a single tax year and often rules out any question of the tolling of that statute because of continuing…
A Primer on Accountant Professional Liability
Accounting malpractice is different from legal malpractice in several important ways. The first is the nature of yearly tax filings, which sets the structure for the application of the statute of limitations to a mistake in a single tax year and often rules out any question of the tolling of that statute because of continuing…
A Huge Loss in the Commercial Real Estate World and Legal Malpractice
Gans v Leech Tishman Fuscaldo & Lampl, LLC 2026 NY Slip Op 01305 Decided on March 10, 2026 Appellate Division, First Department features some of the biggest players in the legal malpractice defense world, a surprise entry on the plaintiff’s side and a party in the underlying transactions with the same name but that has…
So, Whose Fault Is This?
The client didn’t exercise a right of first refusal. Was it the attorney’s fault for not presenting a complete package to the client including a title report, or was it the client’s choice not to proceed?
In Sathyanarayanan v Moberg 2026 NY Slip Op 50237(U) Decided on February 27, 2026
Supreme Court, Suffolk County Pastoressa…
Discovery Lapses, Dismissal and Attribution of Fault
PCO 1500 Inv., L.P. v Ahmuty, Demers & McManus 2026 NY Slip Op 30664(U)
February 25, 2026 Supreme Court, New York County Docket Number: Index No. 158852/2025 Judge: James d’Auguste quickly telegraphs its decision by finding that dismissal was in no way attributed to departures by the attorneys.
“Defendant Ahmuty, Demers & McManus (“Ahmuty”) seeks…
What A Difference A Year Makes
In Sebastiano v Bamundo, Zwal & Schermerhorn LLP 2026 NY Slip Op 01145
Decided on February 26, 2026 Appellate Division, First Department Plaintiff was injured on an interior stairway which lacked treads. The case was lost either because the stairway did not need treads or because the plaintiff expert failed to convince the court that…
Some Not Responsible, Some Perhaps
In 538 Morgan Realty LLC v Law Off. of Aihong You, PC 2025 NYSlipOp 06639 December 2, 2025 the Appellate Division, First Department parses the responsiblity of several groups of attorneys. Some remain in the case.
“Plaintiffs alleged facts permitting a reasonable inference that the liquidated damages clause would have been found unenforceable had the…