Kleinberg v Pellegrini & Assoc., LLC 2023 NY Slip Op 31196(U) April 3, 2023
Supreme Court, New York County Docket Number: Index No. 154718/2014
Judge: Shlomo S. Hagler is an example of how an unopposed motion for summary judgment will almost always be the end of the case. Here, the legal malpractice claim was that…

Williams v Silverstone 2023 NY Slip Op 01917 Decided on April 12, 2023
Appellate Division, Second Department is a common or varietal version of motion to dismiss decisions in legal malpractice settings. Plaintiff alleges that she had to settle a case with her former employer, which could have come out better, had the attorneys not…

O’Keefe v Barra 2023 NY Slip Op 01829 Decided on April 6, 2023 Appellate Division, Third Department is the kind of case that defendant attorneys (and their insurers) point to as “bad” legal malpractice cases…those that are made in counterclaims to fee lawsuits by the attorney against the client. In this case, attorney wins the…

Philip S. Schwartzman, Inc. v Pliskin, Rubano, Baum & Vitulli 2023 NY Slip Op 01812
Decided on April 5, 2023 Appellate Division, Second Department is a legal malpractice case concerning, as do so many other famous legal malpractice cases, real estate in New York. Real estate is a driver of great financial gain in NY…

Phillips v Murtha 2023 NY Slip Op 01767 Decided on April 04, 2023 Appellate Division, First Department demonstrates that several recurring attorney representation scenarios in wills and estates legal malpractice claims will fail for lack of standing. The consistently failing storyline is that an elderly person is brought to an attorney who drafts a will…

It is always ironic when mistakes happen in a legal malpractice case, which itself is about mistakes made in litigation. Mrkulic v Peters 2023 NY Slip Op 31012(U)
March 30, 2023 Supreme Court, Kings County Docket Number: Index No. 505025/2020
Judge: Debra Silber is no exception.

“This is a legal malpractice action which arises from…

DeFranco v Napoli Bern Ripka Shkolnik LLP 2023 NY Slip Op 30952(U) March 28, 2023
Supreme Court, New York County Docket Number: Index No. 150188/2018 Judge: James E. d’Auguste describes what happens when cases are shuttled between the initial attorneys and “trial counsel”, which in this particular situation means a law firm that took all…

Mazzone v Alonso, Andalkar & Facher, P.C. 2023 NY Slip Op 01746 Decided on March 30, 2023 Appellate Division, First Department shows us that summary judgment in favor of plaintiff is a fragile creature, and here was subject to abrupt and complete reversal. The AD not only took away summary judgment from plaintiff, it went…