Peck v Milbank LLP 2024 NY Slip Op 32596(U) July 29, 2024 Supreme Court, New York County Docket Number: Index No. 152290/2022 Judge: Andrew Borrok describes why the claim for violation of Judiciary Law 487 resisted a dismissal motion.
“The defendants are not however entitled to dismissal of the claim sounding in violation of Judiciary…
Jones Law Firm, P.C. v Keep Healthy, Inc. 2024 NY Slip Op 32519(U) July 15, 2024 Supreme Court, New York County Docket Number: Index No. 653385/2023 Judge: Kathleen Waterman-Marshall is the story of a law firm which has a captive arbitration firm and requires arbitrations for attorney fee claims to be arbitrated before the…
Jones Law Firm, P.C. v J Synergy Green, Inc. 2024 NY Slip Op 31127(U) April 2, 2024 Supreme Court, New York County Docket Number: Index No. 653730/2023 Judge: Lyle E. Frank is a familiar attorney fee claim with a legal malpractice defense and counterclaim. More novel is the Judiciary Law 487 claim against Professional Arbitration…
Morris v Zimmer 2024 NY Slip Op 02314 [227 AD3d 696] May 1, 2024
Appellate Division, Second Department appears to be a pro se litigation over unauthorized trading in a brokerage account. The case wended its way to US District Court, to the Second Circuit, to a certiorari request to the US Supreme Court, and…
Gopstein v Bellinson Law, LLC 2024 NY Slip Op 02592 [227 AD3d 465] May 9, 2024
Appellate Division, First Department is really the story of an attorney who became a serial legal malpractice litigant. It started with a personal injury case, a settlement, a legal malpractice case, a settlement, an attorney fee case, a settlement…
Grasso v Guarino 2024 NY Slip Op 02692 [227 AD3d 872] May 15, 2024
Appellate Division, Second Department demonstrates how rarely Judiciary Law 487 relief is permitted on motions to dismiss, and even more rarely applied after all motion practice. the AD recited the various standards of the need for “an intent to deceive” as…
Lutin v Perlberger 2024 NY Slip Op 31879(U) May 29, 2024 Supreme Court, New York County Docket Number: Index No. 158734/2023 Judge: Dakota D. Ramseur is the story of attorney fees, pro-se plaintiffs, a judgment from 2000 and the aftermath. Plaintiff loses this round.
“Pro se plaintiff, Gary Lutin (plaintiff), commenced this action for extortion…
Supreme Court, New York County dealt with a number of arguments on why the legal malpractice complaint should be dismissed in 538 Morgan Realty LLC v Law Off. of Aihong You, PC 2024 NY Slip Op 32300(U) July 2, 2024 Supreme Court, New York County Docket Number: Index No. 153886/2023 Judge: Richard G. Latin. Only…
Silverstein v Nezhat 2024 NY Slip Op 32173(U) June 24, 2024 Supreme Court, New York County Docket Number: Index No. 109486/2006 Judge: Kathy J. King is a final attempt to increase the award in a medical malpractice case via a claim of violation of Judiciary Law 487. It fails.
“The instant medical malpractice action was…
Brooklyn Tabernacle v Holland & Knight LLP 2024 NY Slip Op 31979(U) June 6, 2024 Supreme Court, Kings County Docket Number: Index No. 520533/2020 Judge: Leon Ruchelsman presents a fairly restricted view of the recurring question of what communications between Plaintiff and successor attorneys are discoverable in a legal malpractice claim against predecessor counsel.
“The…
