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
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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…
Accounting Firm v. Accountant’s Malpractice Defense Firm
It’s unusual to see a firm like Marcum LLP suing its attorneys. In this particular setting, the claim was rejected by the Appellate Division.
In Marcum LLP v L’Abbate, Balkan, Colavita & Contini, L.L.P. 2023 NY Slip Op 06443 [222 AD3d 486] December 14, 2023 Appellate Division, First Department the accounting firm claimed that its…
A Moving Target in a Motion Picture
Serafini Releasing LLC v Gray 2024 NY Slip Op 30863(U) March 13, 2024
Supreme Court, New York County Docket Number: Index No. 655579/2021
Judge: Melissa A. Crane is that rare New York legal malpractice case arising out of the making of a film. Here, Plaintiff has several scenarios at play against the attorney and, in…
A Bad Faith and Legal Malpractice Case Avoids Dismissal
The now bankrupt defendant in a personal injury case is suing her insurance carrier and her defense attorney after they failed to settle the case once summary judgment had been awarded to the injured party in Pergament v Government Empls. Ins. Co. (“GEICO”) 2024 NY Slip Op 01568 Decided on March 20, 2024 Appellate Division…
An Enormous Real Estate Legal Malpractice Case Almost Entirely Dismissed
Sebco Dev., Inc. v Siegel & Reiner, LLP 2024 NY Slip Op 50292(U) Decided on March 20, 2024 Supreme Court, Bronx County Gomez, J. is the kind of legal malpractice case that comes up often enough to support the idea that real estate in NYC is a paramount, driving economic force, and that the extensive…
The New York Court Of Appeals Renders A Major Judiciary Law 487 Opinion
The Court of Appeals addresses Judiciary Law 487 questions infrequently, and each of its decisions tends to be broadly transformative. Urias v Daniel P. Buttafuoco & Assoc., PLLC 2024 NY Slip Op 01497 Decided on March 19, 2024 Court of Appeals Halligan, J. is no exception. It harmonizes and simplifies one of the major embellishments…
What Happens in Texas Stays in Texas
Musial v Donohue 2024 NY Slip Op 01414 Decided on March 15, 2024 Appellate Division, Fourth Department is a law school example of the territorial effect of jurisdiction and due process. A Texas law firm prosecutes a Texas motor vehicle accident in Texas, and is not subject to a New York legal malpractice case for…
Judiciary Law 487 Not Well Suited to Attorney Fee Claims
Salus v Berke 2023 NY Slip Op 06183 [221 AD3d 1390] November 30, 2023 Appellate Division, Third Department is a case in which Plaintiff claims that the lawfirm took a fee on a recovery for which there should have been no fee. It made a Judiciary Law 487 claim which was dismissed. This case is…