Attorney CLEs generally preach that attorneys should refrain from legal fee suits as they bring legal malpractice counterclaims. Wojcik Law Firm, P.C. v Mull 2024 NY Slip Op 00060 Decided on January 09, 2024 Appellate Division, First Department is a legal fee claim with a guarantee twist.
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Order, Supreme Court, New York County (Gerald…
Amid v Del Col 2024 NY Slip Op 00178 Decided on January 17, 2024 Appellate Division, Second Department is a common story. Plaintiff alleges that he hired the attorney, the attorney did little or no work, discontinued certain causes of action without consent and paid himself from the retainer fees without good cause or permission. …
Eichengrun v Panasci 2024 NY Slip Op 00014 Decided on January 4, 2024
Appellate Division, Third Department is the story of a multiple representation real estate transaction going bad, then into bankruptcy and then back into foreclosure. Which, if any, of the attorneys may be liable?
“Plaintiff Green Oak Stockade View Apartments, LLC, of which…
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…
