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…
When the attorneys represented the client, it prosecuted a condominium sale claim which was dismissed on statute of frauds grounds. However, in Komolov v Popik 2022 NY Slip Op 01966, Decided on March 22, 2022, the Appellate Division, First Department held that:
“Defendants failed to establish a prima facie case that they were not negligent,…
Privity of Contract is a doctrine which applies to legal malpractice representations even while it withers as a general principle in product liability cases and elsewhere. Loss of standing in Bankruptcy often comes up as well. In National Air Cargo, Inc. v Jenner & Block, LLP
2022 NY Slip Op 01900 Appellate Division, Fourth Department,…
Legal malpractice cases are dismissed at a statistically higher rate in legal malpractice cases than in other tort or contract cases. We believe that the reason is institutional. Subconsciously, attorney-judges give greater scrutiny to legal malpractice claims than they do to other claims, and because of this, attorneys are granted a higher bar to suit.…
Switching it all around, in Blank v Petrosyants 2022 NY Slip Op 01283
Decided on March 2, 2022 , the Appellate Division, Second Department reinstated the legal malpractice claims and dismissed the Breach of Contract claims, aligning the case structure to what is most often left after a CPLR 3211 motion: a good legal malpractice…
A case with multiple court reversals on reargument, starts and stops in the litigation itself ends, for the moment in a tolling order. Tavares v Calcagno & Assoc., LLC 2022 NY Slip Op 30482(U) February 16, 2022 Supreme Court, New York County Docket Number: Index No. 156499/2021 Judge: David Benjamin Cohen took place…
In Cohen Tauber Spievack & Wagner P.C. v Mehulol Publs., LLC
2022 NY Slip Op 30401(U) February 1, 2022 Supreme Court, New York County Docket Number: Index No. 652426/2021 Judge Bluth determined the merits of a case alleging that the attorneys failed in both the Supreme Court case as well as in a Rabbinical court…
Plaintiff suffered a large loss in arbitration. Several documents could have been offered, but were not. Malpractice?
Supreme Court dismisses the claim in All Vision LLC v Paduano & Weintraub LLP 2022 NY Slip Op 30464(U) February 9, 2022 Supreme Court, New York County Docket Number: Index No. 653605/2021 Judge: Andrew Borrok finding that Federal…
The difference between a sua sponte order and an order upon a motion made upon notice may be slim at times. In Meyers v Becker & Poliakoff, LLP 2022 NY Slip Op 01246 Decided on February 24, 2022 Appellate Division, First Department the motion was discussed at a preliminary conference and defendants were told not…
In EDJ Realty, Inc. v Siegel 2022 NY Slip Op 01147 Decided on February 23, 2022 Appellate Division, Second Department affirmed dismissal of a legal malpractice claim concerning a notice of appeal from a hybrid complaint against the DHCR.
“The defendant attorney represented the plaintiff in a hybrid proceeding pursuant to CPLR article 78 and…
