Besides the question of whether there was continuous representation, Basile v Law Offs. of Neal Brickman, P.C. 2022 NY Slip Op 06079 Decided on November 01, 2022 Appellate Division, First Department considers the question of how the defendant law office handled its move and forwarding of mail.
“The legal malpractice claim may not be barred…
Zi Kuo Zhang v Lau 2022 NY Slip Op 06287 Decided on November 9, 2022 Appellate Division, Second Department is the story of escrow money gone astray.
“The plaintiffs commenced this action against the defendant Jay Lau and his law firm, the defendant Lau & Associates, P.C. (hereinafter together the Lau defendants), among others, asserting,…
Privity is a keystone in the legal malpractice world. Here. in Jarmuth v Wagner 2022 NY Slip Op 33698(U) October 28, 2022 Supreme Court, New York County Docket Number: Index No. 161816/2019 Judge: Dakota D. Ramseur a co-op shareholder sues the Co-op’s attorney derivatively on behalf of the Co-op.
“In December 2019, Plaintiff Sandra…
Sometimes a legal malpractice claim against attorney 1 can trigger disclosure of attorney-client communications with attorneys 2 and 3, if there is a sufficient relationship between the communications with other attorneys and the legal malpractice claim. Not so in 2138747 Ontario Inc. v Lehman Bros. Holdings, Inc. 2022 NY Slip Op 06087 Decided on…
“Actual Innocence” is a huge burden to overcome. It is necessary to demonstrate that standard in order to plead a legal malpractice claim arising from representation in a criminal defense case. Even if you can show actual innocence, as in Broomes v Legal Aid Socy. of N.Y. City, Inc., 2022 NY Slip Op 06101 Decided…
The First Department decided Basile v. The Law Offices of Neil Brickman, P.C., this week, giving further dimension to how it decides continuing representation issues. Here, communications with the law firm, even after a long period, can suffice for continuing representation.
“Order, Supreme Court, New York County (Shawn T. Kelly, J.), entered on or about…
Grace v. Law is a Court of Appeals case which holds that a legal malpractice case cannot successfully be pursued unless an appeal of the underlying negative outcome is commenced when it is likely that the appeal will succeed. In a novel argument, plaintiff in Colucci v Rzepka 2022 NY Slip Op 06043 Decided on…
Schnur v Balestriere 2022 NY Slip Op 05297 Decided on September 27, 2022 Appellate Division, First Department describes what the First Department thinks a good Judiciary Law § 487 claim requires: deceit, egregiousness and good pleading.
“The Judiciary Law § 487 claim against Balestriere should not have been dismissed. Although “unfounded” allegations are not actionable…
In Bei Yang v. Pagan Law Firm P.C. Slip Opinion No: 2022 NY Slip Op 73132(U), Decided on October 18, 2022 the Appellate Division, First Department, determined that Plaintiff may not use a pseudonym in a legal malpractice law suit.
“And plaintiff-appellant having moved, pro se, to suppress allegedly improperly obtained privileged information of psychotherapy…
Sometimes the AD finds that a consent to change attorney is the terminating event for continuous representation and sometimes not. Ellison v Seltzer, 2022 NY Slip Op 05786
Decided on October 18, 2022 Appellate Division, First Department is a case where the “mutual understanding of the need for further representation” trumped the “failure to…
