Matrimonial cases are unlike almost every other kind of case except a criminal plea. Get involved in a car accident and you will likely settle through your attorney with a release and a stipulation of discontinuance. Resolution of a breach of contract will follow the same paradigm, as will a battle over patents. However, settle…

Stinnett v Derek Smith Law Group, PLLC 2025 NY Slip Op 04677 [241 AD3d 737]
August 13, 2025 Appellate Division, Second Department is a decision which obscurely indicates what might be the underlying case, where the underlying case was against Delta Airlines and Quest Diagnostics, and the outcome was that plaintiff was fired. How might…

Hsiung v Zhang Jiang Lin 2025 NY Slip Op 34306(U) November 7, 2025 Supreme Court, New York County Docket Number: Index No. 650855/2025 Judge: Mary V. Rosado is a situation where an interpleaded plaintiff attorney is holding escrowed funds and was potentially subject to a legal malpractice claim. The attorney proposed to deposit the escrowed…

NYC is strongly real estate centric, and there is a wide swath of legal malpractice law based upon real estate transactions. Tesniere v Cinotti LLP 2025 NY Slip Op 34269(U) November 10, 2025 Supreme Court, New York County Docket Number: Index No. 160760/2024 Judge: Mary V. Rosado is a recent addition.

“On April 28…

In Campbell v Law Off. of Solomon Rosengarten 2025 NY Slip Op 04700 [241 AD3d 771]
August 20, 2025 Appellate Division, Second Department it starts to run when plaintiff is no longer able to prosecute a dismissed case.

“In an action, inter alia, to recover damages for legal malpractice, the plaintiff appeals from an order…

An analogous question reviewed in Coniglio v Dansker & Aspromonte Assoc. 2025 NY Slip Op 06154 Decided on November 12, 2025 Appellate Division, Second Department is when does the new representation start?

“In 2015, the plaintiff commenced an action to recover damages for podiatric malpractice (hereinafter the underlying action). The underlying action was commenced…

We read the AD decisions in order to educate ourselves, gain insight into how to phrase claims, how to defend claims and how to navigate the unique legal malpractice landscape. Saracino v Rosenberg, Calica & Birney, LLP 2025 NY Slip Op 06205
Decided on November 12, 2025 Appellate Division, Second Department is the reversal of…

Levy v Brancato 2025 NY Slip Op 34103(U) October 24, 2025 Supreme Court, New York County Docket Number: Index No. 159951/2024 Judge: Mary V. Rosado is the story of a representation, a battle over the retainer agreement, a “walk-off”, a fee arbitration and a de novo litigation.

“On January 6, 2023, Plaintiff retained Defendants to…