A commonly recurring theme in legal malpractice is the application of the privity requirement. That requirement basically (always with some exceptions) prohibits legal malpractice claims against an attorney with whom the Plaintiff does not have privity of contract. One common subset arises when the attorney represents an entity, and where the individual members or shareholders…

In Guliyev v Banilov & Assoc., P.C. 2023 NY Slip Op 05493 Decided on November 1, 2023 Appellate Division, Second Department the clients sue in legal malpractice and say that the underlying MVA case was settled without their consent. They lose the legal malpractice on collateral estoppel grounds as well as for failure to show…

Bachman-Richards v Pomeroy 2023 NY Slip Op 05431 Decided on October 26, 2023 Appellate Division, Third Department is the kind of case that defendants like to point out when they argue that clients cannot be trusted. The Court found that plaintiff consulted with an attorney in reaching a separation agreement from her husband. Later she…

Prospect Capital Corp. v Morgan Lewis & Bockius LLP 2023 NY Slip Op 33797(U)
October 25, 2023 Supreme Court, New York County Docket Number: Index No. 653941/2022 Judge: Margaret A. Chan is a very unusual example of a court hearing a reargument motion and changing its mind. The judge notes in minute detail the court’s…

In what appears ended up as a pro-se breach of fiduciary duty law suit, in Pacelli v Peter L. Cedeno & Assoc., PC 2023 NY Slip Op 05448 Decided on October 26, 2023
Appellate Division, First Department Plaintiff loses the claim for failure to connect pecuniary loss with the allegations of a breach.…

Gordon v Martel 2023 NY Slip Op 33666(U) October 17, 2023 Supreme Court, New York County Docket Number: Index No. 150241-2023 Judge: Lynn R. Kotler demonstrates that real estate in New York City is a driving force for attorney employment, litigation cases and, eventually, legal malpractice. In this particular case, the attorney died and extraneous…

Mensch v Calogero 2023 NY Slip Op 33648(U) October 17, 2023
Supreme Court, New York County Docket Number: Index No. 155795/2022
Judge: Dakota D. Ramseur demonstrates the extreme danger matrimonial litigants are subjected to in a settlement allocution when they are asked the simple question by the judge: “Are you satisfied with the work of…

Rothman v Sandra Radna, P.C. 2023 NY Slip Op 33670(U) October 17, 2023
Supreme Court, New York County Docket Number: Index No. 152678/2023
Judge: Lynn R. Kotler is a to-the-point analysis of a legal malpractice claim and a CPLR 3211 motion to dismiss.

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After, the amended complaint was filed in this action on May…