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…

It can be difficult to overestimate the acrimony between siblings when the parents’ estates and inheritance comes into play.  As an example see Schmidt v Burner  2022 NY Slip Op 01191 Decided on February 23, 2022
Appellate Division, Second Department.  Here days before her death, the mother seeks to disinherit one son.  The attorneys are…

As in all settings, attorney or legal malpractice can be a defense to a fee claim by that attorney.  In Matter of Hart,  2022 NY Slip Op 22018,  Decided on January 12, 2022, Surrogate’s Court, Rockland County, Judge Cornell sets forth some of the rules.

“SCPA § 2110 authorizes the Court to fix and determine…

With apologies for the title, Deane v Brodman  2021 NY Slip Op 01842 [192 AD3d 577] March 25, 2021Appellate Division, First Department was dismissed for failure to show a departure.

“Defendants are entitled to summary judgment dismissing the professional negligence claims asserted against them as plaintiff has not offered evidence of a departure from a…

As often happens, Courts and Appellate Courts determine that a claim of deceit often find the claims “conclusory” and dismiss.  Palmieri v Perry, Van Etten, Rozanski & Primavera, LLP  2021 NY Slip Op 06852 [200 AD3d 785] December 8, 2021 Appellate Division, Second Department is one such case.

“In a prior lawsuit, the plaintiff sought…