Catsiapis v Pardalis & Nohavicka, LLP 2023 NY Slip Op 04185 Decided on August 9, 2023 Appellate Division, Second Department recites the unusual loss of three years of statute of limitations protection for a Judiciary Law 487 claim when it is brought up along with a legal malpractice claim. The New York Court of…

It is unusual for plaintiff to allege that mistakes were made by the attorney due to “mental illness.” Nevertheless, this claim is enunciated by the Court in Allard v Gumenick 2023 NY Slip Op 32696(U) August 4, 2023 Supreme Court, New York County
Docket Number: Index No. 158750/2022 Judge: Lisa S. Headley. The Court denied…

Walsam 316, LLC v Thompson & Knight LLP 2023 NY Slip Op 32693(U) August 2, 2023
Supreme Court, New York County Docket Number: Index No. 156653/2022 Judge: Dakota D. Ramseur provides a detailed analysis of the first two of three elements of legal malpractice: departure from good practice and the proximate cause result of that…

Casey v Exum 2023 NY Slip Op 04106 Decided on August 2, 2023 Appellate Division, Second Department illustrates the difficult standard in matrimonial legal malpractice cases where the underlying matrimonial was settled. Without relying on the Katebii line of settlement case law, summary judgment was nevertheless granted because it was practically impossible to prove that…

Maursky v Latham 2023 NY Slip Op 04115 Decided on August 2, 2023 Appellate Division, Second Department seems to be a fair decision, yet doesn’t really say why the court reversed the grant of dismissal. Even in a setting where the attorney admits failing timely to commence the action, the question of “but for” causation…

Matter of Blatt 2023 NY Slip Op 04120 Decided on August 2, 2023 Appellate Division, Second Department Per Curiam is both a common and unusual attorney story. It is common in that attorneys are often disbarred (or suspended) for financial wrongs, very often escrow issues where the “escrowed” monies are used by the attorney. It’s…

Last week we looked at Kasmin v Josephs 2023 NY Slip Op 32468(U) July 19, 2023
Supreme Court, New York County Docket Number: Index No. 152213/2020
Judge: Nancy M. Bannon for its decision on legal malpractice. The case also dismissed Judiciary Law 487 claims.

“The fourth cause of action for violation of Judiciary Law §…

Kasmin v Josephs 2023 NY Slip Op 32468(U) July 19, 2023 Supreme Court, New York County Docket Number: Index No. 152213/2020 Judge: Nancy M. Bannon is yet another case in the Katebi v. Fink line of cases which hold that when the client allocates to a matrimonial settlement in open court, and answers the question…