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…

Walk v Kasowitz Benson Torres LLP, 2022 NY Slip Op 50031(U) Decided on January 20, 2022 Supreme Court, New York County Borrok, J.  The claims were that the attorneys failed adequately to advise on the settlement of an employment dispute, costing Plaintiff up to $ 60 Million.   The claim failed.

“Upon the foregoing documents and…

Hirsch v Walder 2022 NY Slip Op 00124  Decided on January 11, 2022
Appellate Division, First Department is an example of the depth to which the Courts go in making determinative decisions on early-pleading motions to dismiss.  In this case, even though unstated, the decision is based upon CPLR 3211(a)(1).  The Court reviewed some documents…

When does the statute of limitations commence for a legal malpractice claim?  In short, it commences on the date of the mistake.  It can be tolled by continuous representation.  In Ross v Mashkanta, LLC  2021 NY Slip Op 32873(U) December 23, 2021 Supreme Court, Kings County
Docket Number: Index No. 508310/2019 Judge: Carl J. Landicino,…

Plaintiffs  in 286 Corbin Owners Corp. v Berger, 2022 NY Slip Op., 30018(U) January 3, 2022 Supreme Court, Kings County et Number: Index No. 513265/2020 Judge: Wavny Toussaint suffered storm damage from Sandy, and hired defendant attorneys to litigate.  Things went south from there.  The claim languished, the statute ran, and there was…

In a legal malpractice case, Defendants got a WebCivilSupreme notification that the motion was adjourned to August 24, 2020.  That’s where things started to go wrong.

In Reem Contr. v Altschul & Altschul  2022 NY Slip Op 00021 Decided on January 04, 2022 Appellate Division, First Department the Appellate Division reversed and gave defendants a…