Merely repeating that plaintiffs were unable to prove the element of causation, without explaining why, in Howlader v Aranow Law, P.C. 2025 NY Slip Op 05505 Decided on October 8, 2025 Appellate Division, Second Department affirmed denial of summary judgment to plaintiff and the grant of summary judgment to defendants.
“In this legal malpractice action…
Condon Paxos PLLC v SRC Constr. Corp. of Monroe 2025 NY Slip Op 51505(U) Decided on September 15, 2025 Supreme Court, Rockland County Cornell, J. is a discussion of ancient legal malpractice law coupled with application of a settlement agreement and determines whether the law firm may claim a contingent fee after being fired, settling…
Philip F. Alba, P.C. v Jattan 2025 NY Slip Op 33488(U) September 16, 2025 Supreme Court, Kings County Docket Number: Index No. 507470/2017 Judge: Reginald A. Boddie is an interesting case in which a bench trial of attorney fee claims with legal malpractice defenses ends with an award, but significantly trimmed for “excessive billing.”
“To…
Facey v Liane Fisher, Esq. 2025 NY Slip Op 33456(U) September 15, 2025 Supreme Court, New York County Docket Number: Index No. 152088/2025 Judge: Mary V. Rosado is a legal malpractice case which is full of surprises. The first is that Plaintiff was actually paid the settlement amounts (and made to take it at the…
Matter of Hart 2025 NY Slip Op 04993 Decided on September 17, 2025 Appellate Division, Second Department discusses the applicability of Part 137 arbitrations to legal malpractice defenses and attorney fee awards in Surrogate’s Court, as well as the necessity of an engagement letter.
“In 2014, Clifford J. Hart (hereinafter the decedent) executed a will…
Olshan Frome Wolosky LLP v Kestenbaum 2025 NY Slip Op 33276(U) August 29, 2025 Supreme Court, New York County Docket Number: Index No. 656174/2023 Judge: Lyle E. Frank stands for the proposition that outside parties which are not part of the retainer agreement, and paid fees on behalf of the client might seek unjust enrichment…
In the past 10 years, judiciary Law 487 claims have become more and more popular. Weaver v Hatem 2025 NY Slip Op 04931 Decided on September 10, 2025
Appellate Division, Second Department is an example of such a claim being denied with little comment.
“In September 2019, the plaintiff commenced this action against Albert A.
In Parkoff v Rieger & Fried, LLP 2025 NY Slip Op 04914 Decided on September 10, 2025 Appellate Division, Second Department Plaintiff had an otherwise good claim against the attorneys, and, after a while, asked to amend the complaint to add the otherwise good claim. Supreme Court said no. The AD reversed.
“In September 2021…
Salamone v Deily & Glastetter, LLP 2025 NY Slip Op 04846 Decided on September 04, 2025 Appellate Division, First Department demonstrates how clever loan scrivining can run afoul of usury laws and backfire.
“Order, Supreme Court, New York County (Shlomo Hagler, J.), entered May 8, 2024, which granted defendants’ motion to dismiss the complaint, unanimously…
In Prospect Capital Corp. v Morgan Lewis & Bockius LLP 2025 NY Slip Op 32996(U) July 24, 2025 Supreme Court, New York County Docket Number: Index No. 653941/2022 Judge Margaret A. Chan gives a primer on “at issue” privilege issues, how emails are currently handled under CPLR 2104 and how complicated discovery of written documents…
