Relief for violation of Judiciary Law § 487 is not “lightly given.” Facebook, Inc. v. DLA Piper LLP (US)  .  As an example, in AmTrust N. Am., Inc. v Pavloff  2022 NY Slip Op 02862 [204 AD3d 599] April 28, 2022 the Appellate Division, First Department found, in essence, that a mere lie is not…

Feng Li v Shih  2022 NY Slip Op 04293 [207 AD3d 444] [207 AD3d 444]  July 6, 2022 Appellate Division, Second Department is a case so rife with wrongdoing, fee disputes, disbarments and other extreme forms of play that it stands out in a field which is awash with wrongdoing.  Here, the Court dismisses all…

An attorney can be a free agent, or part of a team.  Increasingly, it seems the attorney can be both, at once.  Carasco v Schlesinger   2022 NY Slip Op 33021(U)  September 8, 2022
Supreme Court,  New York County Docket Number: Index No. 156729/2019,  Judge: David B. Cohen is an example of an attorney taking a…

Fierro v Yellen  2022 NY Slip Op 32959(U)  August 31, 2022  Supreme Court, Kings County  Docket Number: Index No. 523796/2021  Judge: Ingrid Joseph is way too complicated a fact pattern to set forth in a paragraph or two.  You’ll have to read the multi-page facts in the case itself.

Here is the doctrinal take-away discussion…

Anecdotally, we believe that attorney fee claims make up the majority of attorney cases.  Legal malpractice takes up a very minor portion of the overall set of cases in which an attorney is a party.  Hand Baldachin & Amburgey LLP v John Barrett, Inc.  2022 NY Slip Op 50826(U)  Decided on August 26, 2022  Supreme…

Kaufman v Boies Schiller Flexner LLP2022 NY Slip Op 32743(U)  August 15, 2022 Supreme Court, New York County  Docket Number: Index No. 154149/2018  Judge: James d’Auguste is the very fraught story of a massively fought matrimonial action.  It seems that millions were spent on litigation.  The martial estate must have been very worthwhile.  This…

As is common to legal malpractice cases, Plaintiffs are held to the burden of proving that “but for” the negligence of the attorney, there would have been a different or better outcome.  In Jean-Paul v Rosenblatt  2022 NY Slip Op 04958   Decided on August 17, 2022 Appellate Division, Second Department we see how that rule…

Can an associate attorney be sued personally, along with the law firm?  FTF Lending, LLC v Mavrides, Moyal, Packman & Sadkin, LLP
2022 NY Slip Op 02946 [205 AD3d 414],    May 3, 2022  Appellate Division, First Department gives a short lucid answer.

“Defendants do not dispute that the complaint, which asserts a cause of action…