In Bethelite Community Baptist Church, Inc. v Shiryak, Bowman, Anderson, Gill & Kadochnikov, LLP 2025 NY Slip Op 32826(U) July 22, 2025 Supreme Court, New York County Docket Number: Index No. 160036/2022 Judge: Paul A. Goetz. Plaintiff threads the eye of the needle and obtains partial summary judgment on liability. Here is how it
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The Very Rare McCoy v. Feinman Statute Of Limitations Exception
In one stunning paragraph, in Campbell v Law Off. of Solomon Rosengarten 2025 NY Slip Op 04700 Decided on August 20, 2025 the Appellate Division, Second Department illustrates the oft-unheard of exception to the standard commencement date for the statute of limitations in legal malpractice.
The paragraph is highlighted here: “”To state a cause of…
Lose in South Carolina, Lose Here
Dodson v Adorama Camera Inc. 2025 NY Slip Op 51258(U) Decided on July 10, 2025
Supreme Court, New York County Lebovits, J. holds that there is no Judiciary Law 487 violation in opposing this particular action seeking to domesticate a valid sister-state judgment.
“This is an action to domesticate a South Carolina judgment obtained by…
Lost An Employment Discrimination Case, Lost a Legal Malpractice Case
Stinnett v Derek Smith Law Group, PLLC 2025 NY Slip Op 04677 Decided on August 13, 2025 Appellate Division, Second Department is a decision that doesn’t give a lot of facts. What were the deficient allegations of potential success on the employment discrimination case? What were the allegations of that which was not done? We…
Another Matrimonial Legal Malpractice Case Wrecked In the Settlement Allocution
Continuing a line of cases containing the unique Schiller v. Bender Burroughs & Rosenthal allocution anomaly, Valentina v Beckerman 2025 NY Slip Op 04682 decided on August 13, 2025 Appellate Division, Second Department finds that the pro-forma question “are you satisfied with your attorney’s representation?” kills a subsequent legal malpractice claim that she was “effectively…
Legal Malpractice References in a Foreclosure Case
Deutsche Bank Natl. Trust Co. v Lopresti 2025 NY Slip Op 51235(U) Decided on July 28, 2025 Supreme Court, Rockland County Fried, J. is a case where history has caught up with the current law. Foreclosures in the past were more mechanistic than today, and after a raft of scandalous “auto-signing” and other foreclosure problems…
Is Anti-Slapp the New Legal Malpractice Frontier?
We will be the first to admit surprise at the application of Anti-Slapp principles to legal malpractice cases. Nevertheless, references have started to creep into court’s decisions. Avanza Group, LLC v Golenbock Eiseman Assor Bell & Peskoe LLP 2025 NY Slip Op 32125(U) June 13, 2025 Supreme Court, New York County Docket Number: Index No.
A Put, Ten Million Dollars and a Malpractice Action
DKSJ, LLC v Cohen 2025 NY Slip Op 32574(U) July 14, 2025 Supreme Court, New York County Docket Number: Index No. 653100/2024 Judge: Margaret A. Chan is part of a larger group of cases including a legal malpractice case. The legal malpractice case, not entirely fleshed out here, appears to be a question of whether…
An Otherwise Good Legal Malpractice Case Dismissed For Discovery Problems
It is of course ironic when a legal malpractice case is dismissed for failure to engage in discovery. This appears to be the holding in Manno v Hayes Law Practice, PLLC 2025 NY Slip Op 04167 Decided on July 16, 2025
Appellate Division, Second Department.
“The plaintiffs commenced this action, inter alia, to recover damages…
What Evidence Supports a Legal Malpractice Claim After Settlement of the Underlying Case?
Ginsburg & Misk LLP v Eshaghpour 2025 NY Slip Op 32419(U) July 9, 2025 Supreme Court, New York County Docket Number: Index No. 161655/2024 Judge: Mary V. Rosado discusses what showing is necessary to demonstrate that settlement of the underlying case was “effectively compelled” by mistakes of counsel.
“From 2019 until July 2024, Plaintiff represented…