Rothstein v Krane LLP 2024 NY Slip Op 30016(U) January 3, 2024 Supreme Court, New York County Docket Number: Index No. 157694/2017 Judge: Gerald Lebovits is that very rare species of summary judgment in a legal malpractice case in favor of plaintiff.
“On motion sequence 001, defendant Michael Steger moves, pursuant to CPLR 3212, for…
Lang v DiPaolo 2023 NY Slip Op 06519 Decided on December 20, 2023 Appellate Division, Second Department teaches three lessons in legal malpractice litigation in a one page decision. The three are: (1) alleging proximate cause, (2) Subsequent attorney principles, and (3) account stated.
“In May 2017, the plaintiff commenced this action against the defendants…
In Warshaw Burstein, LLP v Colambda Tech., Inc. 2023 NY Slip Op 34435(U) December 14, 2023 Supreme Court, New York County Docket Number: Index No. 150283/2023
Judge: Louis L. Nock the legal malpractice and breach of fiduciary duty counterclaims were upheld on a CPLR 3211 motion. Claims of Judiciary Law 487 were not.
“Plaitiff law…
Warshaw Burstein, LLP v Colambda Tech., Inc. 2023 NY Slip Op 34435(U) December 14, 2023 Supreme Court, New York County Docket Number: Index No. 150283/2023
Judge: Louis L. Nock illustrates the oft repeated warning that attorney fee claims will always trigger a legal malpractice claim. Sometimes, as in this case, the legal malpractice claims pass…
In this 10-year old case, Mawere v Landau 2023 NY Slip Op 34446(U), December 8, 2023 Supreme Court, Kings County Docket Number: Index No. 501184/12 Judge: Lawrence S. Knipel all claims are dismissed on summary judgment.
“Plaintiff commenced this action seeking, among other relief, damages for breach
of contract and breach of fiduciary duty stemming…
We are pleased to present the link to a NYLJ article discussing Judiciary Law 487 in its present and historical context.
Happy Holidays!
Carasco v Schlesinger 2023 NY Slip Op 06437 Decided on December 14, 2023
Appellate Division, First Department provides a window into the rise and fall of the large personal injury law firms, including attorneys who leave and take cases with them.
Here, defendant attorney was unable to obtain summary judgment and was unable to show…
These are the two lessons found in Marcum LLP v L’Abbate, Balkan, Colavita & Contini, L.L.P. 2023 NY Slip Op 06443 Decided on December 14, 2023 Appellate Division, First Department an ironic case in which a major legal malpractice defense firm was sued for legal malpractice and they were defended by a friendly competitor major…
Holland & Knight LLC v Walsam 316, LLC 2023 NY Slip Op 33748(U)
October 17, 2023 Supreme Court, New York County Docket Number: Index No. 654470/2022 Judge: Dakota D. Ramseur has a third lesson in attorney billing litigation. How does a Judiciary Law 487 defense to the bills fare?
“In November 2022, plaintiff Holland &…
Holland & Knight v. Walsam,316 LLC, , which we discussed on Monday December 11, 2023 has three lessons about attorney billings. The first is how electronic research monthly fees to the law firm can be attributed to the client. The second, which we highlight today is how the account stated principle works in favor of…
