Villaver v Paglinawan 2024 NY Slip Op 04159 Decided on August 7, 2024
Appellate Division, Second Department concerns a situation where plaintiffs sued defendants who moved to dismiss based upon an arbitration clause. The arbitration was closed when Plaintiff said he could not afford the arbitration and Defendants did not respond.

“Thereafter, the plaintiff commenced…

Gordon v Vladislav Tsirkin CPA & Co., LLC 2024 NY Slip Op 03682 Decided on July 3, 2024 Appellate Division, Second Department is one of those appellate cases where the Court basically did not like the complaint. The decision uses the general language of a “failure to sufficiently allege” the claims. No particular facts are…

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…