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
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A Hail Mary Attempt Which Sputters
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…
“At Issue Waiver” and Legal Malpractice Claims
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…
No Privity, No Case
Templeton v Roach 2024 NY Slip Op 03196 Decided on June 12, 2024 Appellate Division, Second Department does not explain the relationship between Plaintiff and J M & R Funding, LLC, but it definitely was not close enough for Plaintiff successfully to sue the attorneys.
“The defendant J M & R Funding, LLC (hereinafter J…
More Real Estate, More Legal Malpractice Litigation
Kugel v Reynolds 2024 NY Slip Op 03173 Decided on June 12, 2024 Appellate Division, Second Department is another example of how real estate transactions, especially in New York comprise a large part of the legal malpractice milieu.
“In 2012, the defendant Kenneth Reynolds entered into a contract to sell certain real property located in…
Some Claims Dismissed, But Not Legal Malpractice
Payne v Rosenberg, Minc, Falkoff & Wolfe, LLP 2024 NY Slip Op 03341 Decided on June 18, 2024 Appellate Division, First Department demonstrates that in almost every setting where a client makes claims against an attorney the legal malpractice claim is primary, and potentially a breach of contract or a breach of fiduciary duty claim…
The Appellate Division Asks Wasn’t That Enough?
Bei Yang v Pagan Law Firm, P.C. 2024 NY Slip Op 03394 Decided on June 20, 2024 Appellate Division, First Department is a decision that is as short as possible. It comes in a case which seems to fit with those who would say that legal malpractice cases are all just “buyers’ remorse” or “dissatisfaction…
Pro-Se Case Dismissed, Although CPLR 3211(a)(1) Dismissal is Without Prejudice
Getty v Schiavetta 2024 NY Slip Op 50697(U) Decided on May 18, 2024 Supreme Court, Westchester County Ondrovic, J. is a factually simple pro-se legal malpractice litigation with an interesting procedural twist. The legal malpractice claim comes after a mediated settlement. The issue is whether the attorney misled the client into thinking that the settlement…
What Might Be a Ethics Violation is Not Always Deceit
Sciocchetti v Molinsek 2024 NY Slip Op 00116 [223 AD3d 1046] January 11, 2024
Appellate Division, Third Department is a case in which husband sues wife’s attorney on the theory that attorney and wife had a romantic relationship and worked together to hurt the husband financially. It does not succeed as a Judiciary Law 487…
Not Extortion, Not Fraud and Not Judiciary Law 487
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 twenty year story of trying to collect an attorney fee. Debtor’s current attempt to block the attempt by allegations of extortion and violation of Judiciary Law 487 did…