Plaintiffs, parties to a FTC action, were co-parties with another, whom it seems, was treated differently by the attorneys.  InLabMD, Inc. v Buchanan 2021 NY Slip Op 04084 Decided on June 24, 2021 Appellate Division, First Department we see them strike out.  Dismissal is affirmed across the board.

“Despite their characterization in the amended complaint,…

Lewis v Pierce Bainbridge Beck Price Hecht LLP  2021 NY Slip Op 03911
Decided on June 17, 2021 Appellate Division, First Department shows the high bar for a Judiciary Law § 487 claim.  “Troubling” is just not enough.

“The alleged statements made by defendant Conley in the course of litigation are immune from liability for…

We’ve often asserted anecdotally that there are far more dismissals at the pleading stage in legal malpractice than in other areas of the law.  Compare, for example, dismissals in medical malpractice.  We believe that there are almost none.  There are a lot of summary judgment dismissals in legal malpractice as well.  Here, in Leeder v …

Judiciary Law § 487 is ancient, strict and sparse.  It rarely succeeds and in Kaufman v Moritt Hock & Hamroff, LLP  2021 NY Slip Op 01969 [192 AD3d 1092] March 31, 2021 Appellate Division, Second Department is denied outright.

“Relief pursuant to Judiciary Law § 487 “is not lightly given” (Chowaiki & Co. Fine …

Successful Judiciary Law § 487 cases are very rare.  The hurdles are quite high for the proponent as is shown in Cordell Marble Falls, LLC v Kelly
2021 NY Slip Op 00833 [191 AD3d 760] February 10, 2021 Appellate Division, Second Department.

“In April 2013, nonparty Whitecap (US) Fund, L.P. (hereinafter Whitecap), commenced an action…

The headline is somewhat misleading.  There may have been deceit, but for Judiciary Law § 487 purposes, the deceit did not take place during a litigation.  Pszeniczny v Horn
2021 NY Slip Op 02553 [193 AD3d 1091] April 28, 2021 Appellate Division, Second Department is the rare case where a complaint survives against an attorney…

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…