Aberbach-Marolda v Cherner 2026 NY Slip Op 02089 April 8, 2026 Appellate Division, Second Department is a real curiosity. A star appellate team for Defendant-Appellant, appealing from a negative outcome at a very rare legal malpractice trial and what seems to be an uninsured attorney Plainitff. Much seems to turn on evidentiary missteps prior to
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Fees and Sanctions in a Legal Malpractice Case
Link Motion Inc. v DLA Piper LLP (us) 2026 NY Slip Op 02066 April 7, 2026
Appellate Division, First Department is a short distillation of how a legal malpractice clame can go wrong. Here, it ended in dismissal, attorney-fee sanction and the award of $ 482,390 to DLA Piper.
“Judgment, Supreme Court, New York County…
The Intervening Cause Defense
North Flats LLC v Belkin Burden Goldman, LLP 2026 NY Slip Op 01165 Decided on March 03, 2026 Appellate Division, First Department is an example of where the defenses of insufficient expert causation evidence coupled with “intervening cause” entitle defendant to summary judgment.
“The court properly dismissed plaintiff’s claim for legal malpractice because defendant established…
Not Her Attorney, No Legal Malpractice
It’s a puzzling set of facts, and as enunciated by the Court, it seems that the two sons running a liquor store signed papers selling the store and the building when they had no authority to do so. Was the buyer’s attorney potentially liable to the owner?
Legal Malpractice and Corporate Proceedings
Dixie v Scheer 2025 NY Slip Op 30167(U) January 11, 2025 Supreme Court, New York County Docket Number: Index No. 654690/2022 Judge: Andrea Masley is a chronocal of how an investment can be completely undermined by mergers and sales of assets so that the investment is completely lost. Were the attorneys a cause, is a…
How One Law Firm Insulated Itself
Seibel v Scarola Zubatov Schaffin PLLC 2025 NY Slip Op 00067 [234 AD3d 457]
January 7, 2025 Appellate Division, First Department answers a murky question: How can a law firm set up an exit strategy in its retainer agreement and keep the fees already paid?
Order, Supreme Court, New York County (Jennifer G. Schecter, J.)…
A Primer on Accountant Professional Liability – Continued
Accounting malpractice is different from legal malpractice in several important ways. The first is the nature of yearly tax filings, which sets the structure for the application of the statute of limitations to a mistake in a single tax year and often rules out any question of the tolling of that statute because of continuing…
A Primer on Accountant Professional Liability
Accounting malpractice is different from legal malpractice in several important ways. The first is the nature of yearly tax filings, which sets the structure for the application of the statute of limitations to a mistake in a single tax year and often rules out any question of the tolling of that statute because of continuing…
A Huge Loss in the Commercial Real Estate World and Legal Malpractice
Gans v Leech Tishman Fuscaldo & Lampl, LLC 2026 NY Slip Op 01305 Decided on March 10, 2026 Appellate Division, First Department features some of the biggest players in the legal malpractice defense world, a surprise entry on the plaintiff’s side and a party in the underlying transactions with the same name but that has…
So, Whose Fault Is This?
The client didn’t exercise a right of first refusal. Was it the attorney’s fault for not presenting a complete package to the client including a title report, or was it the client’s choice not to proceed?
In Sathyanarayanan v Moberg 2026 NY Slip Op 50237(U) Decided on February 27, 2026
Supreme Court, Suffolk County Pastoressa…