Balta v Graner 2024 NY Slip Op 51273(U) Decided on August 28, 2024
Supreme Court, Kings County Rivera, J.
An attorney is hired to litigate a fire case. He files a Summons with Notice and then fails to serve a complaint when it is demanded. A motion to dismiss is granted on default. Opposition to…
Poquee v Wheldon 2024 NY Slip Op 51245(U) Decided on September 5, 2024 Supreme Court, Albany County, Hartman, J., restates the well settled (and perhaps unfair) rule that a criminal defendant has no good claim against the defense attorney absent “actual innocence” which generally means acquittal, exoneration or reversal on appeal.
Practitioners get a large…
In Smith, Gambrell & Russell, LLP v 3 W. 16th St., LLC 2024 NY Slip Op 33084(U) September 3, 2024 Supreme Court, New York County Docket Number: Index No. 654238/2021 Judge: Lyle E. Frank, neither the attorney claiming an account stated nor defendants, claiming the passage of the statute of limitations gets summary judgment.
“Plaintiff…
Xiuwen Qi v Hang & Assoc., PLLC 2024 NY Slip Op 33089(U) September 3, 2024 Supreme Court, New York County Docket Number: Index No. 151821/2023 Judge: Mary V. Rosado is a legal malpractice case arising from a wage and hour case which was dismissed for two reasons. The most immediate was the failure to attend…
Jingyi Ni v Shenlaw, LLC 2024 NY Slip Op 51148(U) Decided on August 1, 2024 Supreme Court, New York County Lebovits, J. is a fascinating case. To start it is not really a legal malpractice case, and might have been brought for the purpose of saving an EB5 immigration application rather than for money damages. …
Law firms frequently insert arbitration clauses into their retainer agreements, and require arbitration of all claims concerning potential malpractice. In an unusual setting, the clients sue their attorneys for failing to tell them to basically do the same thing,
Signature Cleaning Servs., Inc. v Grimaldi 2024 NY Slip Op 32966(U) August 23, 2024 Supreme…
Reem Contr. v Altschul & Altschul 2024 NY Slip Op 32915(U) August 19, 2024 Supreme Court, New York County Docket Number: Index No. 104202/2011 Judge: David B. Cohen presents the interesting question of whether a party may make a second motion for summary judgment, and if so, under what circumstances. Here, Defendants are denied a…
Csutkai v Baisley 2024 NY Slip Op 32884(U) August 15, 2024 Supreme Court, New York County Docket Number: Index No. 151083/2020 Judge: Debra A. James is an odd example of blaming the attorney where the attorney never agreed to take on certain work.
“This action arises out of a promissory note, dated August 17, 2007…
In Jobar Holding Corp. v Halio 2024 NY Slip Op 32650(U) July 10, 2024 Supreme Court, New York County Docket Number: Index No. 655689/2017 Judge: Joel M. Cohen, plaintiff attempted to use a subsequent case decision to revive a dismissed case via amendment, The attempt failed.
“By order dated September 23, 2019, the Court (Scarpulla…
Slifka v Paul, Weiss, Rifkind, Wharton & Garrison, LLP 2024 NY Slip Op 32788(U) August 9, 2024 Supreme Court, New York County Docket Number: Index No. 155742/2023 Judge: Melissa A. Crane is yet another in the vast universe of legal malpractice cases associated with real estate, and in this case in a big way. Joseph…
