Prospect Capital Corp. v Morgan Lewis & Bockius LLP 2023 NY Slip Op 33797(U)
October 25, 2023 Supreme Court, New York County Docket Number: Index No. 653941/2022 Judge: Margaret A. Chan is a very unusual example of a court hearing a reargument motion and changing its mind. The judge notes in minute detail the court’s…

In what appears ended up as a pro-se breach of fiduciary duty law suit, in Pacelli v Peter L. Cedeno & Assoc., PC 2023 NY Slip Op 05448 Decided on October 26, 2023
Appellate Division, First Department Plaintiff loses the claim for failure to connect pecuniary loss with the allegations of a breach.…

Gordon v Martel 2023 NY Slip Op 33666(U) October 17, 2023 Supreme Court, New York County Docket Number: Index No. 150241-2023 Judge: Lynn R. Kotler demonstrates that real estate in New York City is a driving force for attorney employment, litigation cases and, eventually, legal malpractice. In this particular case, the attorney died and extraneous…

Mensch v Calogero 2023 NY Slip Op 33648(U) October 17, 2023
Supreme Court, New York County Docket Number: Index No. 155795/2022
Judge: Dakota D. Ramseur demonstrates the extreme danger matrimonial litigants are subjected to in a settlement allocution when they are asked the simple question by the judge: “Are you satisfied with the work of…

Rothman v Sandra Radna, P.C. 2023 NY Slip Op 33670(U) October 17, 2023
Supreme Court, New York County Docket Number: Index No. 152678/2023
Judge: Lynn R. Kotler is a to-the-point analysis of a legal malpractice claim and a CPLR 3211 motion to dismiss.

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After, the amended complaint was filed in this action on May…

Herz v London Indusi LLP 2023 NY Slip Op 33683(U) September 15, 2023
Supreme Court, Kings County Docket Number: Index No. 510794/21 Judge: Ingrid Joseph is a complicated and interesting case of accidental/medical malpractice death in a nursing home where a claim was made against the nursing home and for an accidental death insurance policy…

The social policy enforced by courts in NY requiring privity of contract between the client and the attorney (contrast with commercial law, strict product liability and the difference between tort and contract law) comes up in some strange ways.

Suing the lawyer provided by a union is one specialized problem. The issue is illustrated in…

Emmanuel Assoc., LLC v Cullinan 2023 NY Slip Op 33478(U) October 5, 2023
Supreme Court, New York County Docket Number: Index No. 159627/2022
Judge: Lori S. Sattler is the story of a restaurant needing the outdoor and backyard space and then being squeezed by Local Law 11 scaffolding taking away the space. Were the attorneys…