Oberlander v Kriss 2026 NY Slip Op 03449 June 3, 2026 Appellate Division, Second Department is puzzling. While Plaintiff is pro-se, still.
“In November 2021, the plaintiffs commenced this action to recover damages for, inter alia, unpaid legal fees, expenses, and disbursements against the defendants Jody Kriss and Michael “Chudi” Ejekam. In October 2022, the…
Anecdotally, we believe that legal malpractice cases are dismissed on CPLR 3211 motions at a greater frequency than are other professional malpractice or other negligence cases. Here is one dismissal that was reversed, in Gale v Abramowitz . 2026 NY Slip Op 03388, June 2, 2026 Appellate Division, First Department .
“This legal malpractice action…
Dual Diagnosis Treatment Ctr., Inc. v Yellowstone Capital W., LLC 2026 NY Slip Op 03292 May 27, 2026 Appellate Division, Second Department is one of the rare cases where Supreme Court grants a motion to dismiss a JL 487 claim and the Appellate Division reverses.
“ORDERED that the order is modified, on the law, by…
In Matter of Mpow Tech. Co., Ltd. v Amazon.com Servs., LLC 2026 NY Slip Op 03273, Decided and Entered: May 26, 2026
Index No. 652815/25|Appeal No. 6723|Case No. 2025-05067|(1st Dept 2026), the errors of the attorney are laid against the attorney, with the Court noting that the client has started a legal malpractice case against…
Estate of Brook v Ruotolo 2026 NY Slip Op 32036(U) May 11, 2026
Supreme Court, New York County Docket Number: Index No. 805045/2024
Judge: John J. Kelley reads like a movie. Well off mother and father engage in proper estate planning, husband and son become successor-attorneys-in-fact with healthcare proxies only to have an uncle come…
As is so familiar, legal malpractice cases based upon negligent estate planning often founder on the time lapse between the negligent advice and the unfavorable outcome of that advice. Chester v List 2026 NY Slip Op 02962 May 13, 2026 Appellate Division, Second Department is an example.
“On May 31, 2024, the plaintiff commenced this…
We discussed Zabit v Brandometry, LLC 2026 NY Slip Op 31752(U) April 16, 2026
Supreme Court, New York County Docket Number: Index No. 656563/2021
Judge: Emily Morales-Minerva on Monday. Here is the balance of the decision.
“In this action, as undisputed at oral argument, the causes of action plaintiffs assert against law firm and attorney…
A very familiar situation in legal malpractice is where one member of an LLC sues the law firm over its representation of the LLC to the member’s detriment. Often the law firm has been hired solely by the LLC and the member believes that the law firm is protecting the member’s interests. Zabit v Brandometry, …
The main lesson of Bruce v Solny 2026 NY Slip Op 02815 May 6, 2026 Appellate Division, Second Department is that an amended complaint renders the initial complaint “superseded” and no longer may be appealed. Amendment of the complaint occurs often in early motion practice after defendants make a CPLR 3211 motion.
“This action arises…
Stumacher v Medical Liab. Mut. Ins. Co. 2026 NY Slip Op 02734 April 30, 2026 Appellate Division, First Department tells the story of a med malpractice defense which did not end well for the doctor.
“Order, Supreme Court, New York County (Judith N. McMahon, J.), entered March 31, 2025, which denied defendant Medical Liability Mutual…
