Mensch v Calogero 2023 NY Slip Op 30621(U) February 28, 2023 Supreme Court, New York County Docket Number: Index No. 155795/2022 Judge: Dakota D. Ramseur reaches an unusual outcome where the legal malpractice claim is dismissed yet the breach of contract claim remains viable.
“According to the complaint, on October 9, 2017, plaintiff retained defendant…
Aaglane v Sami 2023 NY Slip Op 30636(U) March 3, 2023 Supreme Court, New York County Docket Number: Index No. 151262/2019 Judge: Mary V. Rosado is an interesting variant on the more usual case where Plaintiff is being sued for fees and brings a legal malpractice case against the attorney. In that setting, collateral estoppel…
Golub v Shalik Morris & Co., LLP 2022 NY Slip Op 03888 [206 AD3d 799] June 15, 2022
Appellate Division, Second Department is a pair of cases claiming accounting fees and accounting malpractice. Neither side could demonstrate the lack of material questions of fact.
“In May 2016, Aaron Richard Golub commenced an action in the…
Saporito v Branda 2023 NY Slip Op 00968 Decided on February 21, 2023 Appellate Division, First Department is an example of the unsuccessful use of Judiciary Law 487 claims. Courts are quick to dismiss these claims, which are not “lightly given” and rarely successful. Here the claimed deceit was an attorney telling the court that…
Mid City Elec. Corp. v Peckar & Abramson 2023 NY Slip Op 01085 Decided on March 1, 2023 Appellate Division, Second Department cleanly lays out the most unique issue that arises in legal malpractice (and not in other) settings: “But for” the negligence, would there have been a better result? This is the “case within…
In the Matter of Kehinde Oluwaranti Jobi, Motion No. Case No. 2023-00084
2008-00178 is the decision which permits the attorney who resigned in the face of legal malpractice claims and a disciplinary committee investigation in 1995 to be reinstated if payments on two legal malpractice judgments continue.
“And an order of this Court having been…
After reading the first few lines of this case, Hagans v Dell 2023 NY Slip Op 00846 Decided on February 15, 2023 Appellate Division, Second Department, we expected to see a discussion of notice or storm timing in the snow and ice personal injury world. But, no. It deals with individual liability in LLPs.
“Dell…
RTW Retailwinds, Inc. v Colucci & Umans 2023 NY Slip Op 00831 Decided on February 14, 2023 Appellate Division, First Department represents a rare instance of the Appellate Division examining all of the reasons why a legal malpractice case is dismissed early on in a case. There were three or more acts by the defendant…
In this unusual case, Zanani v Scott Seidler Family Trust 2023 NY Slip Op 00836
Decided on February 14, 2023 Appellate Division, First Department, the attorney brought the claim for legal fees as a special proceedings, seeing a declaratory judgment that he was owed money. Supreme Court analyzed his claim, and dismissed it in favor…
Tsionis v Sekas Law Group, LLC 2023 NY Slip Op 30423(U) February 9, 2023
Supreme Court, New York County Docket Number: Index No. 158575/2016
Judge: David B. Cohen is an example of a well-known subset of the New York legal malpractice world – real estate problems.
“In January 2005, plaintiffs, as owners, sold commercial…
