Sales of assets and sales of businesses always face a looming threat of bankruptcy if the consideration is stock or later payments. In Lobesity LLC v Thompson Hine LLP
2025 NY Slip Op 34701(U) December 4, 2025 Supreme Court, New York County
Docket Number: Index No. 159051/2024 Judge, Joel M. Cohen found that there was
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Not Enough “But For” Here
Patel v Rose Law Group PLLC 2025 NY Slip Op 52027(U) Decided on November 19, 2025
Supreme Court, New York County Lebovits, J. demonstrates where the central locus of almost all legal malpractice claims lies: in the “but for” causation analysis. Here, plaintiffs pointed out discovery shortcomings and missing arguments. That, however, was insufficient.
“Plaintiff…
The Retainer Agreement Dictates Standing To Sue
Tsirklin v Wolfe 2025 NY Slip Op 52011(U) Decided on December 9, 2025 Supreme Court, Westchester County Rivera, J. makes one surprising finding, and one easily understandable finding.
A non-party attorney’s affirmation (using pre-2024 language was ruled inadmissible for lack of the 2024 CPLR 2016 language. The retainer agreement was held to determine whether plaintiff…
Who Earned Fees Here?
Gelwan v De Ratafia 2025 NY Slip Op 07093 Decided on December 18, 2025 Appellate Division, First Department is a convoluted story of old attorneys, new attorneys, associated attorneys and a fee which was pursued by each of the attorneys.
“Order, Supreme Court, New York County (David B. Cohen, J.), entered on or about October…
The Strategy Defense
Nerayoff v Covington & Burling LLP 2025 NY Slip Op 34563(U) November 25, 2025 Supreme Court, New York County Docket Number: Index No. 158208/2024 Judge: Mary V. Rosado, is that avis rara criminal defense legal malpractice case that permits the claim upon a showing of actual innocence. While that structural defense was not deployed or…
22 NYCRR 202.27 and Legal Malpractice
While many court conferences are held virtually (and practitioners almost universally relish this change), there are still many in-person, in-court conferences. The single failure of plaintiff’s attorney to attend a conference can be the basis for dismissal of plaintiff’s case, which is certainly a drastic outcome. In Marathon Strategies, LLC v Centennial Props. Inc. 2025…
A Judiciary Law 487 Claim Lost At Trial
Not that many Judiciary Law 487 cases go to trial, and fewer are successful. Josephs v AACT Fast Collections Servs. Inc. 2025 NY Slip Op 34427(U) November 18, 2025 Supreme Court, Kings County Docket Number: Index No. 502491-2012 Judge: Peter P. Sweeney was lost at a bench trial.
“The undersigned presided over a bench trial…
A Tangled Web of Attorney Malpractice Claims
A case is started and a default in answering takes place. How the balance of the litigation and the dismissal of the claim took place is now the subject of a legal malpractice claim involving multiple law firms in Mei Lan Zhang v Wu & Kao, PLLC 2025 NY Slip Op 34523(U) November 25, 2025…
When Is Severance of Legal Malpractice Claims Warranted?
Stfleur v Wallace 2025 NY Slip Op 34502(U) November 24, 2025 Supreme Court, Kings County Docket Number: Index No. 525973/2019 Judge: Ingrid Joseph delves into whether a defendant attorney can get her case severed from the plaintiff’s claims against others.
“In this matter, Denaka L. Perry, Esq. (“Perry”) moves (Motion Seq. 5) for an Order…
Usury Or Not and How the Attorney Might Be Responsible
“But for” causation is highlighted in the technical description of a commercial loan and its consequences in Salamone v Deily & Glastetter, LLP 2025 NY Slip Op 04846 [241 AD3d 1078] September 4, 2025 Appellate Division, First Department. Whether the loan was usurious and how the attorneys interacted with the loss of repayment are discussed.…