In many ways legal malpractice and medical malpractice are first cousins. In other ways, attorneys get a far more beneficial set of rules in how they are treated by their fellow attorneys in legal malpractice claim settings.

One example is illustrated in Dowlah v Professional Staff Congress 2024 NY Slip Op 02980 Decided on May…

Grasso v Guarino 2024 NY Slip Op 02692 Decided on May 15, 2024
Appellate Division, Second Department illustrates the quanta of allegations necessary to state a cause of action in Judiciary Law 487 claims.

“In 2011, the defendant represented the Town of Babylon in an action (hereinafter the 2011 action) commenced in the District Court…

Real estate and legal malpractice go hand-in-hand so often in New York that there is practically a sub-genre of Manhattan apartment legal malpractice cases. They involve construction litigation, water intrusion litigation and of course, mortgage law litigation.

RSD857 LLC v Wright 2024 NY Slip Op 31674(U) May 13, 2024 Supreme Court, New York County Docket…

Dabiri v Porter 2024 NY Slip Op 02686 Decided on May 15, 2024 Appellate Division, Second Department is a case that neither defendant took particularly seriously, as each appeared pro-se (probably meaning that they choose not to involve their insurers.)

“In 2006, the plaintiff retained the defendant Albert Van-Lare to represent him with respect to…

Gopstein v Bellinson Law, LLC 2024 NY Slip Op 02592 Decided on May 09, 2024
Appellate Division, First Department, which we discussed this week for the legal malpractice portion of the case, also had a Judiciary Law 487 component.

“In this legal malpractice action, plaintiff, an attorney acting pro se, alleges that defendants Bellinson Law…

Gopstein v Bellinson Law, LLC 2024 NY Slip Op 02592 Decided on May 09, 2024
Appellate Division, First Department is the curious case of a successful attorney-pro-se plaintiff who settled three claims in a row and then went on to sue the attorney who settled all three claims.

“In this legal malpractice action, plaintiff, an…

Salamone v Deily & Glastetter, LLP 2024 NY Slip Op 31569(U) May 3, 2024
Supreme Court, New York County Docket Number: Index No. 160104/2022
Judge: Shlomo S. Hagler is a complicated legal malpractice case arising from a $2 Million dollar demand note, sale of Apple stock, questions of usury and a few appellate decisions. In…

What could be more complicated than explaining why an attorney’s errors doomed a generic drug defect products liability case, based upon medical malpractice in the prescribing of the generic allegedly defective drug in which there were nationwide class actions and federal preemption claims?

Schwartz v Oshman & Mirisola, LLP 2024 NY Slip Op 31592(U) …