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…

Appel v New York City Police Dept. 2023 NY Slip Op 30786(U) March 16, 2023
Supreme Court, New York County Docket Number: Index No. 155293/2022
Judge: Judy H. Kim asks the question of whether it was the Mossad who came for Plaintiff or merely life support medical personnel. The Court basically finds that it was…

Sang Seok Na v Malik & Assoc., P.C. 2023 NY Slip Op 30831(U) March 20, 2023 Supreme Court, New York County Docket Number: Index No. 100962/2017 Judge: David B. Cohen is an example of the proverb “too many cooks spoil the broth.” Simply read through the history to see how this happens.

“This malpractice action…

Jose V. v Smiley & Smiley LLP 2023 NY Slip Op 01367 Decided on March 16, 2023 Appellate Division, First Department is a consolidated

Simmons v Jones Law Group, LLC 2023 NY Slip Op 01316 Decided on March 15, 2023
Appellate Division, Second Department recites some simple and well-settled principles. Nevertheless, interpretation turns on a short and not deeply discussed issue. The client fires you, but the court will not let you go. What to do?

“In February 2014…