Will B. Sandler Disclaimer Trust v Swersky 2025 NY Slip Op 05909 Decided on October 23, 2025 Appellate Division, First Department is a unique legal malpractice case brought, unsuccessfully, against a non-attorney.
“Nonparty Will B. Sandler was an attorney who entered into a number of business ventures with defendant David M. Swersky over the course…
Belair & Evans LLP v Rizzo 2025 NY Slip Op 33804(U) October 2, 2025 Supreme Court, New York County Docket Number: Index No. 654131/2015 Judge: Judy H. Kim has not worked out well for the doctor-client. Faced with an OPMC inquiry, he retained Plaintiff law firm, which worked out a settlement. Faced with the law…
Chanos v Tarter, Krinsky & Drogin LLP 2025 NY Slip Op 33729(U) September 15, 2025 Supreme Court, New York County Docket Number: Index No. 151797/2022 Judge: Lynn R. Kotler deals with a legal malpractice case in which an attorney was deposed on behalf of himself as well as on behalf of the firm. Plaintiff then…
CPLR 203(d) is a little known exception to the three-year statute of limitations for legal malpractice under CPLR 214(6), and allows any claims, whether time barred or not, to survive as an offset. In Landy Wolf, PLLC v Sanko 2025 NY Slip Op 33690(U) September 27, 2025 Supreme Court, New York County Docket Number: Index…
Merely repeating that plaintiffs were unable to prove the element of causation, without explaining why, in Howlader v Aranow Law, P.C. 2025 NY Slip Op 05505 Decided on October 8, 2025 Appellate Division, Second Department affirmed denial of summary judgment to plaintiff and the grant of summary judgment to defendants.
“In this legal malpractice action…
Condon Paxos PLLC v SRC Constr. Corp. of Monroe 2025 NY Slip Op 51505(U) Decided on September 15, 2025 Supreme Court, Rockland County Cornell, J. is a discussion of ancient legal malpractice law coupled with application of a settlement agreement and determines whether the law firm may claim a contingent fee after being fired, settling…
Philip F. Alba, P.C. v Jattan 2025 NY Slip Op 33488(U) September 16, 2025 Supreme Court, Kings County Docket Number: Index No. 507470/2017 Judge: Reginald A. Boddie is an interesting case in which a bench trial of attorney fee claims with legal malpractice defenses ends with an award, but significantly trimmed for “excessive billing.”
“To…
Facey v Liane Fisher, Esq. 2025 NY Slip Op 33456(U) September 15, 2025 Supreme Court, New York County Docket Number: Index No. 152088/2025 Judge: Mary V. Rosado is a legal malpractice case which is full of surprises. The first is that Plaintiff was actually paid the settlement amounts (and made to take it at the…
Matter of Hart 2025 NY Slip Op 04993 Decided on September 17, 2025 Appellate Division, Second Department discusses the applicability of Part 137 arbitrations to legal malpractice defenses and attorney fee awards in Surrogate’s Court, as well as the necessity of an engagement letter.
“In 2014, Clifford J. Hart (hereinafter the decedent) executed a will…
Olshan Frome Wolosky LLP v Kestenbaum 2025 NY Slip Op 33276(U) August 29, 2025 Supreme Court, New York County Docket Number: Index No. 656174/2023 Judge: Lyle E. Frank stands for the proposition that outside parties which are not part of the retainer agreement, and paid fees on behalf of the client might seek unjust enrichment…
