Louie’s Seafood Rest., LLC v Brown  2021 NY Slip Op 06167  Decided on November 10, 2021 Appellate Division, Second Department is a novel defense to a claim of deceit.  Originally applicable to Anti-Trust litigation (where it excused certain litigation tactics), it is here applied (for the first time in state court legal malpractice claims) to…

Sometimes the AD thinks a case is pure speculation.  In Lindenwood Vil., Section C, Coop. Corp. v Denenberg  2021 NY Slip Op 02463 [193 AD3d 593] April 22, 2021 Appellate Division, First Department they spent little time affirming.

“This legal malpractice action was properly dismissed. There is no basis other than speculation to support the…

Alpha/Omega Concrete Corp. v Ovation Risk Planners, Inc.  2021 NY Slip Op 05113  Decided on September 29, 2021  Appellate Division, Second Department is a textbook of causes of actions in insurance law and negligent underwiring.

“In July 2015, Alpha/Omega Building Consulting Corp. (hereinafter Consulting) was awarded a contract to perform concrete work on a construction…

Real Estate entities, such as an apartment building will always have insurance against trip and falls.  However, that type of general liability insurance typically will not provide insurance against a claim of a person injured while working at the building, such as in a construction accident.  In Ruiz v 829 Realty LLC  2021 NY Slip…

It’s relatively rare to see an AD opinion which goes into the details of a trial, and makes such certain and minute decisions on evidentiary matters.  Disa Realty, Inc. v Rao  2021 NY Slip Op 05692 Decided on October 20, 2021 Appellate Division, Second Department involves a claim of Judiciary Law § 487 and is…

Plaintiff tried to use an expert’s report which summarized the estate’s account on a summary judgment opposition in Leeder v Antonucci
2021 NY Slip Op 03978 [195 AD3d 1592] June 17, 2021 Appellate Division, Fourth Department.  It was submitted  after oral argument of the motion.

“Addressing appeal No. 1, we conclude that the court properly…

Was this merely bad luck or worse.  In either event. plaintiffs lack standing to bring this action. In Schoolman v McAuliffe 2020 NY Slip Op 34228(U) December 21, 2020 Supreme Court, Suffolk County Docket Number: 4311/2019 Judge: Sanford Neil Berland we see:

“This action arises out of three petitions initially brought under Chapter 11 of…

Wait too long, and claims get stale.  Wait too long and claims disappear.  That’s exactly what happened in Johnson v Braverman CPA PC  2020 NY Slip Op 33149(U) September 25, 2020 Supreme Court, New York County
Docket Number: 650894/2020 Judge: Arlene P. Bluth.  A big overpayment was no longer subject to amendment and a…