Lee v Leifer 2026 NY Slip Op 30589(U) February 18, 2026 Supreme Court, New York County Docket Number: Index No. 159786/2020 Judge: Sabrina Kraus brings up the question of why anyone would not answer a complaint.
“Around 2004, Plaintiff and nonparty Eddie Choi formed a venture to operate a japanese restaurant named “Kyoto” in Flushing…
Jones Law Firm, P.C. v J Synergy Green, Inc. 2026 NY Slip Op 00840 Decided on February 17, 2026 Appellate Division, First Department is interesting as it covers Fraud, separate Judiciary Law 487 application as well as when a settlement is effectively compelled.
“The court properly concluded that the counterclaims and third-party complaint state causes…
It’s rare to see a legal malpractice case in Civil Court rather than Supreme Court, if only for the lower jurisdictional damage numbers available. Here, the claim is potentially timely, given a broad view of “continuing representation” but is dismissed nevertheless on speculation or lack of proximate cause.
“”On a motion pursuant to CPLR 3211…
Kushakow v Law Offs. of Joseph B. Rosenberg 2026 NY Slip Op 00882 Decided on February 18, 2026 Appellate Division, Second Department is both unusual and familiar in that esate maters and legal malpractice claims almost always start with the question of “whom are you to the estate?” It was almost always the deceased who…
Borukhov v Roth & Khalife, LLP 2026 NY Slip Op 00575 Decided on February 05, 2026
Appellate Division, First Department is a curious case with Sullivan Papain representing appellant. That set aside, the claim is that a personal injury case was litigated in NY when it could have been litigaged in Florida. Plaintiff says…
We previously discussed Giannone v Silvestri 2026 NY Slip Op 30171(U) February 4, 2026 Supreme Court, Tioga County Docket Number: Index No. 2024-00064107
Judge: Eugene D. Faughnan and stopped after a discussion of the fraud claims against all. The attorney defendants (really third-party defendants) have special defenses to the claims that they allowed a fraudster…
Giannone v Silvestri 2026 NY Slip Op 30171(U) February 4, 2026 Supreme Court, Tioga County Docket Number: Index No. 2024-00064107 Judge: Eugene D. Faughnan is a classic fraudster story. Property owner acquires title to property in 2014 through a bankruptcy sale. People are brought to the property, told it is for sale, and sign a…
Judicial estoppel is an equitable doctrine which prevents a litigant from taking a position which is inconsistent with the position it previously took in earlier litigation. Another phrase might be “flip-flopping.”
In Lending Assets, LLC v Gerbi 2026 NY Slip Op 00472 Decided on February 03, 2026
Appellate Division, First Department defendants were able to…
It is our anecdotal experience that legal malpractice cases suffer a higher percentage of dismissals at the CPLR 3211 stage than do other types of claims, including medical malpractice. Park W. Exec. Servs., Inc. v Gallo Vitucci & Klar, LLP 2026 NY Slip Op 00428
Decided on January 29, 2026 Appellate Division, First Department is…
Beyond that question, when does Melcher v. Greenberg Traurig, LLP, ‘s 6-year statute of limitation apply and when does Farage v. Ehrenberg’s three year statute apply?
In either setting Pergament v Government Employees Ins. Co. (“GEICO”) 2026 NY Slip Op 00267 Decided on January 21, 2026 Appellate Division, Second Department reminds us that only attorneys…
