Cavounis v Azour 2023 NY Slip Op 03676 Decided on July 5, 2023 Appellate Division, Second Department is a rope-a-dope example of non-compliance in discovery being permitted, several times. Defendant attorney made demands which were irrelevant to the case and was thrice turned down, the ultimate denial being on appeal.
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On August 29, 2014…
Silverstein v Gregory 2023 NY Slip Op 31939(U) May 30, 2023 Supreme Court, New York County Docket Number: Index No. 151024/2022 Judge: Dakota D. Ramseur is an example of what we think is the most complicated of cases: a legal malpractice (or Judiciary Law 487 case) based upon a medical malpractice case. The facts, the…
Trafelet v Trafelet 2023 NY Slip Op 03563 Decided on June 29, 2023
Appellate Division, First Department is an unusual charging lien case in which the attorneys successfully obtain court determination of its fees, and is yet a defendant in a legal malpractice case. Fees and insurance indemnification are, of course, two different matters. …
Ofman v Tenenbaum Berger & Shivers, LLP
2023 NY Slip Op 03471 Decided on June 28, 2023 Appellate Division, Second Department is a case which reversed dismissal of a legal malpractice claim.
“In August 2011, the plaintiff retained the defendants to prosecute an action, inter alia, to recover damages for breach of contract against a…
Real Estate and conflicts of interest are transactional situations rife with claims of legal malpractice, and Fields v Baker & Hostetler LLP 2023 NY Slip Op 50610(U) Decided on June 23, 2023 Supreme Court, New York County Reed, J. is no exception.
“Plaintiff Richard Fields (Fields) is a resident of the State of New York…
Murphy v Certain
2023 NY Slip Op 02978
Decided on June 06, 2023
Appellate Division, First Department
“The court properly dismissed the complaint for failure to state a cause of action. The claims for conversion or trespass to chattels were correctly dismissed because they do not sufficiently identify the property at issue (see Sporn…
Tueme v Lezama 2023 NY Slip Op 03036 Decided on June 7, 2023 Appellate Division, Second Department is practically a gothic novel, with allegations of false testimony, false accusations and perjured testimony all in aid of getting a better divorce settlement. The Appellate Division reversed and ended the case. Here, we discuss the Judiciary Law …
While this criminal procedure case about the assignment and adjudication of sex offender levels has nothing to do with legal malpractice, an introduction to the dissent sets an interesting illustration of how legal malpractice is really different from almost all other areas of the law. People v Weber 2023 NY Slip Op 03301 Decided on…
Duckles v Zatkowsky 2023 NY Slip Op 31942(U) June 9, 2023 Supreme Court, New York County Docket Number: Index No. 156173/2022 Judge: Mary V. Rosado gives a procedural explanation of how to group a set of legal malpractice and executor self-dealing claims together before one tribunal.
“This case arises out of alleged legal malpractice committed…
New York, and especially Manhattan are breeders for real estate legal malpractice litigation. High value real estate transactions, and the variety/complexity of those transactions inevitably lead to legal malpractice cases, each with its own very high value. 35 W. 26th St. Realty, LLC v Norris, McLaughlin, & Marcus, P.C. 2023 NY Slip Op 31851(U) June…
