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…
Cassaforte Ltd. v Pourtavoosi 2022 NY Slip Op 32063(U) June 30, 2022 Supreme Court, New York County Docket Number: Index No. 451426/2020 Judge: Margaret A. Chan is a complicated real estate breach of fiduciary duty and breach of contract case which cannot adequately be recited in a blog article. However, this is a short version:…
Stevens v Wheeler 2022 NY Slip Op 31699(U) April 27, 2022 Supreme Court, New York County Docket Number: Index No. 151129/2021 Judge: David B. Cohen is a complex statutory legal malpractice case which turns on how a Rhode Island Estate law treats a spouse in her fight with a son over the deceased father’s estate. …
Marcum LLP v L’abbate, Balkan, Colavita & Contini, LLP 2022 NY Slip Op 31913(U) June 17, 2022 Supreme Court, New York County Docket Number: Index No. 151586/2021 Judge: Joel M. Cohen is a decision on a motion to reargue. The legal malpractice case was earlier dismissed as too speculative. The Fee claims remain.
“Plaintiff brought…
One Edgewater Equities LLC v Law Firm of Hall & Hall LLP 2022 NY Slip Op 31919(U) June 16, 2022 Supreme Court, New York County Docket Number: Index No. 158110/2021 Judge: Barry R. Ostrager stands for the simple proposition that the failure to file a notice of appeal is a departure from good practice, and…
A legal malpractice case was lost in discovery disputes. In a fairly rare application of CPLR 3126, the complaint was stricken in Gorbatov v Tsirelman Decided on June 22, 2022
Appellate Division, Second Department.
“In 2014, the plaintiffs commenced this action against, among others, the defendant Leon Kucherovsky and the defendants Gary Tsirelman and Law…
Scopia Windmill LP v Olshan Frome Wolosky LLP 2022 NY Slip Op 03996 Decided on June 21, 2022 Appellate Division, First Department succinctly describes how legal malpractice is a comparison of the actual outcome versus the hypothetical better outcome had mistakes not been made.
“Plaintiffs assert a legal malpractice claim alleging that defendant law firm…
