There have been very few dismissals of legal malpractice cases following the Grace v. Law decision. Rabasco v Buckheit & Whelan, P.C. 2022 NY Slip Op 03754 Decided on June 8, 2022
Appellate Division, Second Department is one of those few.
“The plaintiff retained the defendants to commence a medical malpractice action against the…
Vioni v Carey & Assoc. LLC 2022 NY Slip Op 03805 Decided on June 09, 2022 Appellate Division, First Department is a short odd decision. Previously, the attorney’s counterclaim was dismissed with a finding that they were terminated for cause. The cause seems to be failures in expert discovery. Now, summary judgment is denied to…
Allen v Thompson 2022 NY Slip Op 31571(U) May 11, 2022 Supreme Court, New York County Docket Number: Index No. 160342/2020 Judge: Sabrina Kraus. This legal malpractice case is based upon the allegation that Defendant Attorney “unilaterally and without Plaintiff’s consent, changed one word to the Agreement.”
“Plaintiff alleges the following facts in her complaint.…
Not for the first time, courts hold that suing an attorney appointed by the court is impermissible. In J.D. v Galchus 2022 NY Slip Op 22139 Decided on March 31, 2022 Supreme Court, Queens County Velasquez, J. held just that.
“This is a legal malpractice action against the defendant, the court appointed attorney for the…
Cutie Pie Baby Inc. v Sasson Law PLLC 2022 NY Slip Op 31450(U) May 2, 2022 Supreme Court, New York County Docket Number: Index No. 655055/2021 Judge: Margaret Chan is an interesting, and relatively rare application of Grace v. Law, 24 NY3d 203 (2014). In a family setting, two of the family seek to remove…
Roedelbronn v Borstein & Sheinbaum LLC 2022 NY Slip Op 31434(U) May 3, 2022 Supreme Court, New York County Docket Number: Index No. 158045/2020 Judge: William Perry is a rare divorce legal malpractice case that has actionable facts which give rise to provable damages. (Example: a miscalculation by the Referee of $ 417,000 in plaintiff’s…
The Appellate Division reversed the grant of summary judgment to defendants in Alrose Steinway, LLC v Jaspan Schlesinger, LLP 2022 NY Slip Op 03310 Decided on May 19, 2022 Appellate Division, First Department, knocking out each of the underpinnings.
“Plaintiff claims that defendants negligently failed to advise it that an amendment to a commercial lease…
A child dies and a claim of medical malpractice ensues. The parents consent to an autopsy and certain of the child’s organs are not returned. Apparently the medical malpractice claim founders in the absence of examination of the organs, besides which, the parents want to bury them. They sue their personal injury law firm in…
In a very short decision, Supreme Court’s denial of dismissal was affirmed. TF Lending, LLC v Mavrides, Moyal, Packman & Sadkin, LLP 2022 NY Slip Op 02946 Decided on May 03, 2022 Appellate Division, First Department stands for the proposition that an attorney working in a firm can be personally liable as well as the…
Genesis REOC Co., LLC v Poppel 2022 NY Slip Op 02947 Decided on May 03, 2022 Appellate Division, First Department is a case in which Plaintiff’s affidavit was prominently relied upon by the Court in determining that there was scheme in place rather than an error of judgment. The affidavit also demonstrated negligent representation.
“Defendants’…
