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…

As  Schoolman v. NcAuliffe 2020 NY Slip Op 34228(U) December 21, 2020 Supreme Court, Suffolk County Docket Number: 4311/2019 Judge: Sanford Neil Berland demonstrates, bankruptcy can serve as a sheering tool. Enter into bankruptcy and sone/all of your possessions are gone.

“”‘Upon the filing of a voluntary bankruptcy petition. all property which a debtor owns.including…

Attorney takes over for departing defense counsel in a trip-and-fall case.  Attorney moves for dismissal, fails.  Attorney takes the case to trial, succeeds with a defense verdict.  Attorny want to get paid, isn’t.  Attorney sues client  Flanagan Law, PLLC v Perno  2020 NY Slip Op 51488(U) [70 Misc 3d 1201(A)] Decided on December 18, 2020…

Trundle v Garr Silpe, P.C. 2020 NY Slip Op 34233(U) December 18, 2020
Supreme Court, New York County Docket Number: 159437/2019
Judge: Lucy Billings is an example of big-number financial transactions and the potential culpability for large losses.  Plaintiff alleged that defendant attorneys negligently handled his wife’s trusteeship of a pension plan, with large losses.…

As we have said before, New York real estate is strongly associated with New York legal malpractice claims.  Ramos v Goldberg, Schudieri & Lindenberg, P.C.  2020 NY Slip Op 07147 Decided on December 01, 2020
Appellate Division, First Department is another example. Here, the question was whether Plaintiff owned a coop or not.

“In the…