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…
Darby Scott, Ltd. v Michael S. Libock & Co. LLC CPAs 2022 NY Slip Op 06746 [210 AD3d 582] November 29, 2022 Appellate Division, First Department gives a very short answer to whether “continuous representation” exists in accounting malpractice (aside from tax year calculations). It seems to where the accountants perform non-tax filing work.
“The…
Nasca v Greene 2023 NY Slip Op 02317 Decided on May 3, 2023 Appellate Division, Second Department discusses the reach of Judiciary Law 487. Not all deceitful acts are subject to JL 487 claims.
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In February 2019, the plaintiff commenced this action, inter alia, to recover damages for violation of Judiciary Law § 487…
Miho Suzuki v Greenberg 2023 NY Slip Op 31289(U) April 21, 2023 Supreme Court, New York County Docket Number: Index No. 159360/2021 Judge: David B. Cohen may be the only case in which summary judgment was granted to plaintiff on a Judiciary Law 487 claim. It leans heavily on a prior finding in a matrimonial…
Siegel v Melito & Adolfsen, P.C. 2023 NY Slip Op 31373(U) April 14, 2023
Supreme Court, New York County Docket Number: Index No. 152781/2022
Judge: Dakota D. Ramseur is a primer on how to avoid a statute of limitations problem in a legal malpractice setting when a claim against the first of several attorneys may…
“But for” proximate cause is central to legal malpractice claims. In Bono v Stim & Warmuth, P.C. 2023 NY Slip Op 02099 Decided on April 26, 2023 Appellate Division, Second Department the claim was that “but for” the failure to plead “usury” as an affirmative defense, the underlying litigation would have been won. The Appellate…
Legal malpractice is different from almost all other forms of litigation, requiring not only the pleading of “but for” causation, but also a very robust explanation of how things “should’ have gone, but for the negligence of the attorneys. In Buchanan v Law Offs. of Sheldon E. Green, P.C. 2023 NY Slip Op 01980 Decided…
Creadore v Rosenberg & Estis, P.C. 2023 NY Slip Op 31253(U) April 19, 2023
Supreme Court, New York County Docket Number: Index No. 155690/2022
Judge: Lyle E. Frank is an illustration of what happens when attorneys are terminated and then the underlying case settles while attorney # 2 is representing Plaintiff (or Plaintiff is pro-se).…
Fraumeni v Law Firm of Jonathan D’Agostino, P.C. 2023 NY Slip Op 01984
Decided on April 19, 2023 Appellate Division, Second Department illustrates the outer limits of “continuous representation” which requires a continuing relationship of trust and confidence as well as a mutual understanding of the need for further legal work. Here, the act of…
