Kadah v Kadah 2023 NY Slip Op 32889(U) August 18, 2023 Supreme Court, New York County Docket Number: Index No. 152026/2022 Judge: Richard Latin concerns a legal malpractice claim brought in New York concerning legal work performed in a Florida estate. Where should the claim be brought and if brought in NY is it materially…

Kadah v Kadah 2023 NY Slip Op 32889(U) August 18, 2023 Supreme Court, New York County Docket Number: Index No. 152026/2022 Judge: Richard Latin has an excellent discussion of how privity of contract, a general requirement in legal malpractice claims, can apply both individually and when the law firm is representing a person as an…

Kohler v Polsky 2023 NY Slip Op 04373 Decided on August 23, 2023 Appellate Division, Second Department describes a familiar situation in which a construction worker, injured on the job, retains an attorney to file a Worker’s Compensation claim, and assumes that the attorney will also file a personal injury claim. Often, the WC attorney…

Tueme v Lezama 2023 NY Slip Op 03036 [217 AD3d 715] June 7, 2023
Appellate Division, Second Department touches on false arrest, malicious prosecution, negligent infliction of emotional distress and violation of Judiciary Law 487.

One of the claims against the attorneys was that the attorney gave false testimony in a criminal case against him. …

Lam v Weiss 2023 NY Slip Op 04308 Decided on August 16, 2023 Appellate Division, Second Department is the story of what happens when an attorney takes on a case and lets it sit for a period of time. Taking place right around Labor Day, with a foreclosure auction scheduled in the next several days…

Johnson v Watts 2023 NY Slip Op 32825(U) August 14, 2023 Supreme Court, Kings County Docket Number: Index No. 502133/2018 Judge: Peter P. Sweeney is a textbook example of a legal malpractice claim. Client severs her finger in a door accident and sues the municipal landlord. The attorney fails timely to file the notice of…

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…