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…

Attorneys who defend doctors in Office of Professional Medical Conduct proceedings work in a complex rule-driven atmosphere.  Frequently negative outcomes lead to legal malpractice cases.  In Manouel v Dembin  2022 NY Slip Op 00725 Decided on February 03, 2022
Appellate Division, First Department the case ended with summary judgment.

“Plaintiff fails to articulate any persuasive…

Postiglione v Sacks & Sacks, LLP  2022 NY Slip Op 30148(U) January 19, 2022 Supreme Court, Kings County Docket Number: Index No. 513779/19 Judge: Karen B. Rothenberg is an interesting case, both for its complexity as well as for the level of scrutiny given by the Court in these two CPLR 3211 pleading sufficiency motions. …

Davis v Farrell Fritz, P.C. 2022 NY Slip Op 00399 Decided on January 26, 2022 Appellate Division, Second Department deals with fraud in very big numbers.  Dismissal under CPLR 3211 was reversed.  Here are the facts for the second set of attorneys:

“In 2009, the plaintiffs’ decedent, Charles Robert Allen III (hereinafter Allen) through his…

Davis v Farrell Fritz, P.C. 2022 NY Slip Op 00399 Decided on January 26, 2022 Appellate Division, Second Department deals with fraud in very big numbers.  Dismissal under CPLR 3211 was reversed.  Here are the facts:

“n 2009, the plaintiffs’ decedent, Charles Robert Allen III (hereinafter Allen) through his son Luke Allen, as guardian for…

Adams v Pulvers, Pulvers & Thompson, L.L.P.  2022 NY Slip Op 30160(U)
January 19, 2022 Supreme Court, New York County Docket Number: Index No. 154594/2021 Judge: David Benjamin Cohen seems to have a mistake (typo) regarding the most important date in the decision, but assuming that 2017 is really 2018, it seems that the attorneys…