Pre-Answer Dismissal of complaints is given outsized importance in legal malpractice litigation.  Anecdotally, a higher percentage of legal malpractice cases are dismissed pre-answer than those in the general population of litigation cases.  Zeppieri v Vinson 2021 NY Slip Op 00348
Decided on January 21, 2021 Appellate Division, Third Department describes how 3211(a)(1) is used.

“”A…

Gramted. its a case from small claims court, and granted, it’s the Appellate Term, not the Appellate Division, but the rules recited in Law Offs. of Lydia C. Hills, P.C. v Holguin  2021 NY Slip Op 50032(U) [70 Misc 3d 135(A)] Decided on January 15, 2021 Appellate Term, Second Department remain true.

“Attorneys representing…

Personal injury claims that a person might have can become the property of the Bankruptcy estate.  It is a tricky question depending on whether the bankruptcy case is in Chapter 7, 11 or 13.  Pre-Petition claims are different from post-petition claims, yet they all came together in Horvath v Budin, Reisman, Kupferberg & Bernstein  LLP…

It is an almost ironclad requirement that experts be used in legal malpractice settings, either to state the standard of ordinary rasonable skill and knowledge commonl possessed by an attorney.  In Lieberman v Green 2021 NY Slip Op 00163 Decided on January 13, 2021 Appellate Division, Second Department the client (acting pro se) didn’t hava…

Both Collateral Estoppel and Res Judicata were applied to two different lawsuits each arising from a Bankruptcy Proceeding.  Plaintiff loses all around in Bauhouse Group I, Inc. v Kalikow  2021 NY Slip Op 00001
Decided on January 05, 2021 Appellate Division, First Department.

“In the first order, the court correctly concluded that plaintiffs’ legal malpractice…

Law Firm of Alexander D. Tripp, P.C. v Fiorilla
2020 NY Slip Op 34362(U) December 31, 2020 Supreme Court, New York County Docket Number: 654991/2019 Judge: Lucy Billings is a factual mess.  What is clear, is that the motion for summary judgment was unopposed and quickly granted.

“The malpractice that defendant claims occurred November 9,…

Bianco v Law Offs. of Yuri Prakhin, 2020 NY Slip Op 07849 [189 AD3d 1326]
December 23, 2020 Appellate Division, Second Department  tells a familiar legal malpractice story.  Plaintiff slips and falls on ice on subway steps in NYC.  Attorneys hired by her successfully file a Notice of Claim against NYC, but do not…

CPLR 3211(a)(1) allows for dismissal based upon “documentary evidence.”  Such a win is usually “on the merits” and generally allows for later res judicata and collateral estoppel treatment.  Dismissal under CPLR 3211(a)(7), while more common, is not on the merits and is not “with prejudice.”  the later effects are much smaller, and a case can…