Cases are rarely directly dismissed for discovery failures. Generally, discovery failures manifest themselves in a bad outcome at trial, in a bad outcome on summary judgment, or in a flameout prior to trial, with attorneys withdrawing and the case sputtering to a finish.  Here, in Cascardo v Dratel  2021 NY Slip Op 30667(U) March 4,…

In Priceless Travel, Inc. v Wender Law Group, PLLC  2021 NY Slip Op 30572(U) February 26, 2021 Supreme Court, New York County
Docket Number: 151867/2020, Judge Margaret A. Chan discusses the necessary pleading of damages to avoid dismissal at the pre-answer stage.

“As for the motion to dismiss based on the failure to adequately allege…

Lavelle-Tomko v Aswad & Ingraham  2021 NY Slip Op 01112 Decided on February 18, 2021 Appellate Division, Third Department is a cautionary tale about ending an attorney-client relationship and the dangers of not keeping good records.  Was there one representation or two?  Was plaintiff too late in bringing a JL § 487 claim?

“After…

Long Is. Med. Anesthesiology, P.C. v Rosenberg Fortuna & Laitman, LLP
2021 NY Slip Op 01037 Decided on February 17, 2021 Appellate Division, Second Department is really about a fight between doctors.  Nevertheless, even the oldest profession needs the intervention of younger professions in order to fight.  Here, the lawyers are not responsible for the…

Defendants made an offer to settle the case.  Plaintiff’s attorneys did not communicate the offer to Plaintiff.  Plaintiff never got the chance to consider it.  Summary judgment granted shortly thereafter.  Problem for the attorneys?  Not in Drasche v Edelman & Edelman, P.C.  2021 NY Slip Op 30429(U) February 12, 2021 Supreme Court, New York County…

Successful claims under Judiciary Law 487 are rare.  In recent years they have been applied widely and with diminishing success.  Here, the claim is essentially that the corporation’s attorneys defended a law suit and in doing so engaged in deceit.  In Dial Car Inc. v Tuch & Cohen, LLP  2021 NY Slip Op 30407(U) February…

People v Austin  2021 NY Slip Op 30276(U) January 29, 2021 Supreme Court, New York County Docket Number: 451533/2019
Judge: O. Peter Sherwood is the unusual government case in which a legal malpractice issue is inserted.  Here one defendant cross-claims against another defendant for legal malpractice.

“In 2014. the Attorney General’s office (‘”AG”) began an…

Volpe v Munoz & Assoc., LLC  2021 NY Slip Op 00516 Decided on January 28, 2021 Appellate Division, First Department gives a bullet point review of how this case failed:

“The complaint fails to state a cause of action for legal malpractice. First, it does not allege an attorney-client relationship between the attorneys and plaintiff.…