Scott v Leventhal 2024 NY Slip Op 31543(U) April 30, 2024 Supreme Court, New York County Docket Number: Index No. 656211/2017 Judge: Debra A. James reveals a couple of sad truths about legal malpractice litigation. First, there are many twists and turns in the analysis of claims, especially claims that were never filed by the…

Walsam 316 v 316 Bowery Realty Corp. 2024 NY Slip Op 02288 Decided on April 30, 2024 Appellate Division, First Department is the story of a real estate/rent overcharge proceeding between sophisticated commercial entities which, almost incidentally included a legal malpractice claim. Amendment of the legal malpractice claim was denied.

“Order, Supreme Court, New York…

After reading the competing claims in Cotton v Kiperman 2024 NY Slip Op 31435(U)
April 22, 2024 Supreme Court, Kings County Docket Number: Index No. 515660/2023
Judge: Francois A. Rivera we wonder how Surrogate’s Court came to its conclusion. In any event Supreme Court dismisses on res judicata.

“The complaint alleges the following salient facts…

Halperin v Held & Hines, LLP 2024 NY Slip Op 31415(U) April 12, 2024
Supreme Court, New York County Docket Number: Index No. 652124/2019
Judge: Andrea Masley is another in a long line of New York legal malpractice cases arising from real estate troubles. Here, damages were deemed too speculative to proceed on the case.…

In Apollo Elec., Inc. v Aman Devs. LLC 2023 NY Slip Op 33466(U)
October 5, 2023 Supreme Court, New York County Docket Number: Index No. 155250/2019 Judge Debra A. James surveys the difference between breach of contract by an architect and malpractice by an architect.

The difference can have profound effects on the statute of…

Incorporated Vil. of Freeport v Albrecht, Viggiano, Zurich & Co., P.C. 2024 NY Slip Op 01800 Decided on April 3, 2024 Appellate Division, Second Department is the one-in-a-million summary judgment for plaintiff in a professional negligence case.

“The plaintiff commenced this action, inter alia, to recover damages for accounting malpractice against the defendants, Albrecht, Viggiano…

Rothman v Sandra Radna, P.C. 2024 NY Slip Op 02102 Decided on April 18, 2024
Appellate Division, First Department demonstrates that there are many procedural traps which can doom a later legal malpractice claim. In this setting, a stipulation collaterally estopped Plaintiff from suing the attorneys later.

“Plaintiff previously litigated whether defendants were entitled to…

A common thread to legal malpractice litigation in New York is real estate, and not coincidentally, landlord-tenant issues. Often these cases involve multi-million dollar losses. SJB RE Holdings, LLC v Gifford 2024 NY Slip Op 30924(U) March 21, 2024
Supreme Court, Saratoga County Docket Number: Index No. EF20233420 Judge: Richard A. Kupferman is an upstate…