457 Warburton Ave, LLC v Monna Lissa, LLC 2024 NY Slip Op 30423(U) February 7, 2024
Supreme Court, New York County Docket Number: Index No. 651358/2020 Judge: Louis L. Nock is quite unusual, and discusses a unique application of the statute of limitations to a legal malpractice (“attorney malpractice”) claim.

“This matter was initially brought…

Plaintiff loses an appeal to the Second Circuit, and sues the Attorneys in Jackson v Law Offs. of Peter Sverd, PLLC 2024 NY Slip Op 30413(U) February 6, 2024 Supreme Court, New York County Docket Number: Index No. 153586/2023 Judge: Lisa S. Headley.

The Court found that there was no support for the legal malpractice…

Courts are institutionally wary of JL 487 cases. This wariness is demonstrated in Radiation Oncology Servs. of Cent. N.Y., P.C. v Warren 2024 NY Slip Op 00484
Decided on February 1, 2024 Appellate Division, Third Department.

“As more fully set forth in two prior decisions of this Court (Radiation Oncology Servs. of Cent. N.Y., …

Sciocchetti v Molinsek 2024 NY Slip Op 00116 Decided on January 11, 2024
Appellate Division, Third Department is a case which highlights a common claim in matrimonial cases, that the attorney spun out the case for personal profit, and maybe, had a relationship going with one of the spouses while the attorney was profiting. Here…

Lautman v 2800 Coyle St. Owners Corp. 2024 NY Slip Op 00068 Decided on January 10, 2024 Appellate Division, Second Department is one of those inexplicable cases in which a plaintiff loses all, and then waits too long to sue the attorney. The question of how plaintiff lost it all never comes up for review.…

It’s often said (and the PJI specifically covers this) that an attorney is not a guarantor of a good result. The attorney has to use reasonable efforts and not to depart from the standard of practice. Lopez v Pasternack, Tilker, Ziegler, Walsh, Stanton & Romano, LLP
2024 NY Slip Op 30318(U) January 18, 2024 Supreme…

In Sharp v Ferrante Law Firm, 2023 NY Slip Op 05383 [220 AD3d 587], October 24, 2023
the Appellate Division, First Department found that there was no collateral estoppel, but nevertheless, the case was untimely.

“The motion court incorrectly applied the doctrine of collateral estoppel to preclude plaintiff’s legal malpractice claim, as plaintiff’s attorney-client…

McGlynn v Burns & Harris, Esq. 2024 NY Slip Op 00187 Decided on January 17, 2024
Appellate Division, Second Department, which we discussed last week, has a secondary issue. Was it spoliation to discard a litigation file?

“In 2007, the plaintiff retained the defendant Burns & Harris, Esq. (hereinafter the B & H law…