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.
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The Measure Of Damages For Architectural Malpractice
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…
The So Very Rare Summary Judgment for Plaintiff in an Accounting Malpractice Case
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…
Old Procedural Decisions Doom Legal Malpractice Case
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…
“Self Help”, Minor L & T Issues and Judiciary Law 487
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…
A Storied Diner, A Fraud and Accounting Malpractice
1650 Broadway Assoc., Inc. v Sturm 2024 NY Slip Op 01864 Decided on April 04, 2024
Appellate Division, First Department Renwick, P.J. is the story of a Diner, a Family and Fraud.
“Plaintiff 1650 Broadway Associates, Inc. is the owner of the iconic Stardust Diner, a family business originally owned by Irving Sturm and plaintiff…
Would This Case Be Decided Differently Today?
Now that Urias v. Buttafuoco, has been decided by the Court of Appeals would Gelwan v De Ratafia 2023 NY Slip Op 32953(U) August 25, 2023 Supreme Court, New York County
Docket Number: Index No. 654525/2016 Judge: David B. Cohen have been decided differently as to the Judiciary Law 487 claim?
In Urias, the Court…
A Conflict Perhaps; Judiciary Law 487 Violation, No
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 illustrates the principle that while there may be a Code of Professional Conduct violation, there must be a proximate connection with pecuniary damages to…
Real Estate and Legal Malpractice in New York
Legal malpractice claims frequently arise over real estate. in Mandour v Rafalsky
2024 NY Slip Op 31086(U) April 1, 2024 Supreme Court, New York County
Docket Number: Index No. 651819/2022 Judge: Andrea Masley there is the added (frequent) dispute between siblings with death and incompetency issues thrown in.
“Plaintiffs Nariman M. Mandour, as both beneficiary…
Unlike Attorneys, Sometimes a 6-Year Statute of Limitations for Architects
Under CPLR 214-6, and according to the ensuing court decisions, any claim against an attorney, whether purely in contract, in fraud or for professional negligence is subject to a 3-year statute of limitations. This legislative fix took place after the Court of Appeals permitted a 6-year statute of limitations in contract claims. For architects, it…