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…
Genesis REOC Co., LLC v Poppel 2022 NY Slip Op 02947 [205 AD3d 415] May 3, 2022 Appellate Division, First Department is the unusual case in which the Appellate Division reads the complaint in a legal malpractice case without unduly constricting the claims. Here, it finds that the complaint and the affidavit show privity, proximity…
AmTrust N. Am., Inc. v Pavloff 2022 NY Slip Op 02862 (204 AD3d 599] April 28, 2022 Appellate Division, First Department demonstrates the high bar to a Judiciary Law §487 claim. Deceit is not enough. It must be “egregious.”
“The amended complaint states a cause of action for legal malpractice and the documents submitted do…
Markov v Barrows 2022 NY Slip Op 04780 Decided on August 02, 2022 Appellate Division, First Department could be a law school lesson on the meaning of the “but for” causation required in legal malpractice cases.
“Order, Supreme Court, New York County (Margaret A. Chan, J.), entered April 21, 2020, which, to the extent appealed…
Pruss v AmTrust N. Am. Inc. 2022 NY Slip Op 02884 [204 AD3d 620] April 28, 2022 Appellate Division, First Department seems to be the story of a settlement offer made in good faith, where the offeror only found out later that its principal lacked the authority to make the offer in the first place. …
In an unusually detailed decision, the Appellate Division, Second Department reversed Supreme Court’s dismissal in Joseph v Fensterman 2022 NY Slip Op 02398 [204 AD3d 766] April 13, 2022.
“The Supreme Court should have denied that branch of the defendants’ motion which was to dismiss the first cause of action in the amended complaint, which…
