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…

All the non-tax liability claims in Treanor v Dimopoulos 2023 NY Slip Op 32260(U)
July 5, 2023 Supreme Court, New York County Docket Number: Index No. 159106/2022
Judge: Mary V. Rosado are dismissed. Claims that advice on how to pay certain awards caused unnecessary tax liability survive.

“Plaintiff alleges that Defendants did not disclose to…

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…