Floral Park Ophthalmology, P.C. v Ruskin Moscou Faltischek, LLP 2023 NY Slip Op 2863
Decided on May 31, 2023 Appellate Division, Second Department shows how the courts take a deep dive into attorney defenses to legal malpractice claims. With a vigor not found in other areas of negligence, attorney defenses to legal malpractice are scrutinized…

We believe (based on anecdotal reading of legal malpractice decisions) that a more than expected number of summary judgment motions are granted in favor of attorneys in legal malpractice settings. Gardner v Sacco & Fillas, LLP 2023 NY Slip Op 02865
Decided on May 31, 2023 Appellate Division, Second Department is an example of the…

Federal Ins. Co. v Lester Schwab Katz & Dwyer, LLP 2022 NY Slip Op 07149 [211 AD3d 527] December 15, 2022 Appellate Division, First Department shows what happens when large local (but not necessarily Big Law) firms handle litigation matters and have conflicts.

“Supreme Court correctly denied LSKD’s motion to dismiss the cause of action…

Alford v Katz 2022 NY Slip Op 05397 [208 AD3d 1587] September 30, 2022 is the
Appellate Division, Fourth Department’ guidance on when and how a decedent’s estate can sue for legal malpractice.

“Memorandum: Plaintiff commenced this legal malpractice action as executor of and on behalf of the estate of her father, Robert J. Genco…

Stevens v Wheeler 2023 NY Slip Op 02747 Decided on May 18, 2023 Appellate Division, First Department is the rare Estate legal malpractice case that survives a dismissal motion. It adequately demonstrates standing, proximate damages and that “but for” the choice of law provision, there would have been a better outcome for the Estate. A…

Pioneer Bank v Teal, Becker & Chiaramonte, CPAs, P.C.
2022 NY Slip Op 22316 [77 Misc 3d 360] October 4, 2022
Platkin, J Supreme Court, Albany County doesn’t decide any motions to dismiss, other than to direct that the issue be decided on a full summary judgment motion. What is interesting is the discussion of…

Professional malpractice cases (Medical, Legal, Accounting) require either prior transactions or prior litigation. in Weight v Day 2023 NY Slip Op 02350
Decided on May 3, 2023 Appellate Division, Second Department we see how prior litigation can end the professional malpractice case because liability has already been compromised.

“The plaintiff jointly owned and operated a…

Kralik v Marai 2023 NY Slip Op 02588 Decided on May 11, 2023
Appellate Division, First Department is an example of the many issues that confront a legal malpractice claim. Statute of limitations, service of process and the application of CPLR 3211(a)(1) in analysis of the “but for” case-within-a-case principle.

“Contrary to the court’s determination…