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…

While only mentioning legal malpractice in passing, Morrow v Brighthouse Life Ins. Co. of NY  2021 NY Slip Op 07373.  Decided on December 23, 2021, Appellate Division, Fourth Department is an interesting primer on statutes of limitations.

“We agree with defendants that Supreme Court (Ogden, J.) erred in denying those parts of the motion seeking…

In a short year end decision, no one wins a summary judgment decision.  This stand-off clearly favors plaintiff, which now enters the new year with a trial to be had.  In Security Plans, Inc. v Harter Secrest & Emery, LLP
2021 NY Slip Op 07382 Decided on December 23, 2021 Appellate Division, Fourth Department told…

Wilson v Tully Rinckey PLLC  2021 NY Slip Op 07341  Decided on December 23, 2021 Appellate Division, Third Department is a fairly straight-forward affirmance of Supreme Court’s denial of a CPLR 3211 motion.    Here are the simple reasons why the legal malpractice claims were not dismissed.  Plaintiff sued for employment discrimination and thought that part…

As a trial document, Outeda v Asensio  2021 NY Slip Op 51069(U) [73 Misc 3d 136(A)] Decided on November 5, 2021 Appellate Term, Second Department is a little surprising.  It’s an attorney fee trial over $ 10,000.  The decision catalogues what went wrong, some of it easily avoidable.  Read both dissents in the full version.…

A frequently recurring situation in legal malpractice cases is that plaintiff retains lawfirm in a medical malpractice case, and very shortly before the statute of limitations date, the lawfirm bows out. They quit, often because they have been unwilling or unable to fund an expert, whose review is necessary prior to filing the complaint.  Legal…