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
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In Short, No dismissal
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…
Plaintiff’s Affidavit Made a Big Difference
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’…
It May Have Been Wrong, But Ultimately the Damages Cannot Be Proven
Anecdotally, we often receive calls in which the potential client tells us that the target attorneys “forced” them into settling. It seems that the proper question to the potential client is probably whether the “force” was of a “gun to the head” variety, or merely overbearing talk. Bei Yang v Pagan Law Firm, P.C. …
Just Not Enough
How deceitful must deceit be to qualify for Judiciary Law § 487 application? AmTrust N. Am., Inc. v Pavloff 2022 NY Slip Op 02862 Decided on April 28, 2022 Appellate Division, First Department gives us some idea.
“The amended complaint states a cause of action for legal malpractice and the documents submitted do not utterly…
Deceit? Yes Judiciary Law 487 Claim? No
The vast number of sibling v. sibling cases involving parental estates should not be surprising, but Altman v DiPreta 2022 NY Slip Op 02774 Decided on April 27, 2022 Appellate Division, Second Department is an interesting case which alleged deceit over the location of a ward of a Court Appointed conservatee.
“In 2010, Jeanne Altman…
An Old Old Old Complaint is Dismissed
Dial Car Inc. v Kordonsky 2022 NY Slip Op 31067(U) March 31, 2022 Supreme Court, Kings County Docket Number: Index No. 521900/2021 Judge: Leon Ruchelsman is a case which has been brought previously and is now in its second amended complaint. Supreme Court dismissed the claims against the attorneys as too old.
“The Tuch and…
An Astounding Scheme and the Aftermath
The facts in Hellman v Jacob 2022 NY Slip Op 31018(U) March 29, 2022 Supreme Court, New York County Docket Number: Index No. 156860/2021 Judge: Barbara Jaffe are just too astounding to try to encapsulate.
“Plaintiff alleges that from January of 2008 to December of 2010, a group of investors placed approximately $112 million with…
He Was Simply Wrong
In a brisk and unequivocal grant of a CPLR 3211 motion, Justice Borrok makes some sweeping findings of fact in Walk v Kasowitz Benson Torres LLP, 2022 NY Slip Op 50031(U) [74 Misc 3d 1203(A)], Decided on January 20, 2022, Supreme Court, New York.
“Upon the foregoing documents and for the reasons set forth on…
A Rare Reverse Reversal
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…