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.
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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…
Losing Summary Judgment by Veering From the Narrative
Medley Mgt., IncLowenstein Sandler, LLP 2025 NY Slip Op 32436(U) July 6, 2025 Supreme Court, New York County Docket Number: Index No. 651987/2022 Judge: Joel M. Cohen is a thoughtfully written grant of summary judgment in a legal malpractice case. Here is the intro:
“At a high level, this case involves a financially troubled client…
Failure to Advise Client of Legal Malpractice Potential Claim
In Matter of Blyer 2025 NY Slip Op 04005 Decided on July 2, 2025 Appellate Division, Second Department
Per Curiam., the attorney did a lot of things commented on by the Appellate Division and the Referee. Amongst them was the failure to advise the client of a potential malpractice claim.
“The amended petition contains seven…
Can a Judiciary Law 487 Claim Lie For Acts in Federal Court?
Claude Mayo Constr. Co., Inc. v Barclay Damon LLP 2025 NY Slip Op 03897 Decided on June 27, 2025
Appellate Division, Fourth Department chooses to duck this question. Since JL 487 is a NY statute, and requires that deceit take place during a pending litigation, the question of whether litigation in Federal Court meets the…
The Statute of Limitations Is Approaching…What to Do?
130 E. 18 Owners Corp. v Axelrod 2025 NY Slip Op 32210(U) June 23, 2025 Supreme Court, New York County Docket Number: Index No. 158632/2024 illustrates the common problem of what to do when the statute of limitations for legal malpractice is approaching yet the underlying case (where the malpractice took place) is not yet…
Buyer’s Remorse or Unauthorized Settlement of A Case?
We get little direct description of the legal malpractice claim, but a guess from the decision is that Plaintiff argued that she did not get the settlement bargain that she expected, and that the attorney committed legal malpractice. The decision in Christian v Paul B. Weitz & Assoc., P.C. 2025 NY Slip Op 51001(U) Decided…
Collateral Estoppel No Bar To This Legal Malpractice Claim
In Caminero v Michael Flynn, Esq., PLLC 2025 NY Slip Op 03701 Decided on June 18, 2025 Appellate Division, Second Department it is pled that the attorney allowed the case to be dismissed, with prejudice for failure to prosecute an injury claim against the MTA by one of its police officers. Attorney defends by saying…