Dial Car Inc. v Tuch & Cohen, LLP  2021 NY Slip Op 30407(U) February 10, 2021 Supreme Court, Kings County Docket Number: 514138/20 Judge: Leon Ruchelsman gives a nice description of the current standard of JL § 487 in the Second Department.  This standard is strikingly different from that of the First Department.

“Concerning Judiciary…

Vernum v Freyer  2021 NY Slip Op 50120(U) [70 Misc 3d 1218(A)]  Decided on February 11, 2021 Supreme Court, Warren County Muller, J. describes a curious representation and ends with a split decision.

“Defendant is a licensed attorney in New York who focuses her practice primarily on real estate transactions. In May 2017 she was…

“Words and actions” can create a retention agreement even if there is no adequate writing.  This is one of the holdings in Fricano v Law Offs. of Tisha Adams, LLC  2021 NY Slip Op 03306 Decided on May 26, 2021
Appellate Division, Second Department.

“Here, the defendants failed to eliminate triable issues of fact as…

In this short decision, the Appellate Division recited the basic mantra of legal malpractice, but chose not to explain where Plaintiff failed.  Little guidance to bar or counsel is offered in Muller v Schecter  2021 NY Slip Op 03326 Decided on May 26, 2021 Appellate Division, Second Department.

“”In an action to recover damages for…

Plaintiff sues attorney for settling a motor vehicle case for $ 1500.  Case runs into trouble for two reasons.  First, there has already been a determination that Plaintiff authorized the settlement through his attorney.  Second, while Plaintiff says he needs a Turkish translator, he repeatedly answered the questions in English.

The court dismissed all claims…

Legal malpractice cases in real estate transactions sometimes are about multi-million dollar losses, sometimes about smaller deals gone bad.  FTF Lending, LLC v Mavirides Moyal Packman & Sadkin, LLP  2021 NY Slip Op 31502(U) May 4, 2021 Supreme Court, New York County Docket Number: 153620/2020 Judge: Margaret A. Chan is about a smaller deal.

“On…

As in a blog from this week, New Canaan Capital Mgt., LLC v Chadbourne & Parke LLP  2021 NY Slip Op 02758 Decided on May 04, 2021 Appellate Division, First Department is a case with a past. it is dismissed on the basis of collateral estoppel and the statute of limitations.

“The complaint is barred…

When cases are dismissed, they are dismissed with or without prejudice.  This term means whether the matter can be brought again.  If dismissed without prejudice, then the plaintiff is permitted to recommence the action.  Traditionally, dismissals at the beginning of the case are based upon the pleadings.  Some of the dismissals (as in CPLR 3211(a)(7))…