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…

In a 5 year old case, a default judgment was granted and upheld on a motion to reargue/renew. Walker v Simmsparris 2023 NY Slip Op 32491(U) July 7, 2023
Supreme Court, Kings County Docket Number: Index No. 506589/2018 Judge: Richard J. Montelione seems to be a case where the attorneys do not have insurance coverage…

In Thacker v Constantine Cannon, LLP 2023 NY Slip Op 32376(U) July 14, 2023
Supreme Court, New York County Docket Number: Index No. 155930/2018
Judge: James d’Auguste it is too early for the court to decide who did what.

Plaintiff was locked out in a landlord-tenant dispute. She hired third-party defendants and then hired defendants…

Five Towns Pediatrics, P.C. v Billet, Feit & Preis, P.C. 2023 NY Slip Op 32328(U) July 12, 2023 Supreme Court, New York County Docket Number: Index No. 157252/2018
Judge: Andrea Masley is the story of a limited retainer agreement often used by accounting firms. Here, the retainer agreement stated “the scope of
the engagement: prepare…

126 Main St., LLC v Kriegsman 2023 NY Slip Op 03758 Decided on July 12, 2023
Appellate Division, Second Department is a case where the Appellate Division took a look at the same materials presented to Supreme Court and simply reached a contrary view that the evidence of lost profits, alleged in the complaint and…