It is rare for a CPLR 3211 motion to dismiss a legal malpractice case is denied in Supreme Court and reversed on appeal. That’s what happened in Frydco Capital Group, LLC v Carlton Fields, P.A. 2022 NY Slip Op 02619 Decided on April 21, 2022 Appellate Division, First Department.
“The legal malpractice claims should have…
Drasche v Edelman & Edelman 2022 NY Slip Op 00044 [201 AD3d 434]
January 6, 2022 Appellate Division, First Department is the story of an offer (or was there really one) which was not accepted, and if it was made, not communicated. Beyond that information, the rest is hazy,
“Plaintiff retained defendant Edelman & Edelman,…
Joseph v Fensterman 2022 NY Slip Op 02398 Decided on April 13, 2022 Appellate Division, Second Department is a reversal, in part, of what we believe are all too common legal malpractice CPLR 3211 dismissals.
“In November 2014, the plaintiffs commenced this action, inter alia, to recover damages for violations of Judiciary Law § 487…
Nexus Captial Invs, LLC v. Fleischmann, 2022 NY Slip Op 30808(U) March 10, 2022 Supreme Court, Kings County Docket Number: Index No. 512222/2021 Judge: Leon Ruchelsman is an example of what to do when the statute of limitation is approaching yet the underlying case has not concluded. Here, “According to the complaint, on October…
Sanctions? Always a fear. Costs, the same. In Kantrowitz, Goldhamer & Graifman, P.C. v Ayrovainen 2022 NY Slip Op 02256 Decided on April 6, 2022, Appellate Division, Second Department reversed a sanction.
“ORDERED that the decision and order is reversed insofar as appealed from, on the facts and in the exercise of discretion, with costs,…
When the attorney-client relationship ends, and continuous representation also ends are the subject of a significant number of decisions. The requirements for continuous representation, that there is actual work performed, that there is a continuing relationship of trust and confidence and that there is a shared understanding of the need for further work are all…
A recurring issue in legal malpractice is how to deal with the attorney who quits midstream. In medical malpractice cases that often comes just before the 2 1/2 year deadline. The attorney will take the case, work it up, and about 2 years into the representation tell the client that he/she is withdrawing. This leaves…
Ward v Klein 2022 NY Slip Op 02154 Decided on March 30, 2022 Appellate Division, Second Department gives an explanation of how and when a CPLR 205 recommencement of an action is viable and when it is not.
“The plaintiff hired the defendants to represent her in connection with certain disciplinary charges brought against her…
In Platt v Berkowitz 2022 NY Slip Op 01405 Decided on March 03, 2022 the Appellate Division, First Department wiped out two separate Judiciary Law § 487 claims, on on collateral estoppel and the other for lack of standing.
“The doctrine of collateral estoppel precludes plaintiff’s Judiciary Law § 487 claim against defendant Morrell Berkowitz,…
For a plaintiff’s legal malpractice attorney, the idea of an uncollectable trial verdict is abhorrent. The balance of this decision in Matter of Heller, 2022 NY Slip Op 01877, Decided on March 17, 2022, Appellate Division, First Department is similarly a disgrace.
“Respondent Mark J. Heller was admitted to the practice of law in…
