Legal malpractice has the unique “but for” proximate cause elements not found in other tort claim analyses, and it frequently is the reason why cases are dismissed at a higher rate (on CPLR 3211 motions) than is seen in other professional negligence claims. Med mal claims, as an example, are rarely dismissed pre-answer.
“The plaintiff…
On its face, Allen v Thompson 2025 NY Slip Op 31783(U) May 15, 2025 Supreme Court, New York County Docket Number: Index No. 160342/2020 Judge: Sabrina Kraus would seem to be a situation where a general practitioner takes on a complex employment discrimination case and then changes a word in the settlement papers in (what…
Gordon v Martel 2025 NY Slip Op 02993 Decided on May 15, 2025 Appellate Division, First Department illustrates what happens when clients hire/fire attorneys, or attorneys successfully withdraw from cases. Where a mistake is made by attorney 1, and successor counsel attorney 2 has time to fix the mistake, attorney 1 will be immunized.
“This…
Consider these dates: Commercial restructuring takes place in 2013-2014. An action for replevin is started in 2015 and an order is entered in early 2016. An appeal of that order is decided in 2021. How is the statute of limitations for legal malpractice implicated ?
Olshan Frome Wolosky LLP v Kestenbaum 2025 NY Slip Op 31695(U) May 9, 2025 Supreme Court, New York County Docket Number: Index No. 656174/2023 Judge: Lyle E. Frank represents a very common situation in the NY legal malpractice world. Client is involved in expensive legal proceedings, (here, they were both defendants and plaintiffs in…
It is relatively rare to get a second chance at summary judgment, but in North Flats LLC v Belkin Burden Goldman, LLP 2025 NY Slip Op 31640(U) May 6, 2025 Supreme Court, New York County Docket Number: Index No. 150420/2022 Judge: Richard G. Latin that’s exactly what happened.
“Plaintiff commenced this legal malpractice action against…
Rotonde v Stewart Title Ins. Co. 2025 NY Slip Op 50728(U) Decided on May 6, 2025 Supreme Court, Westchester County Jamieson, J. is interesting as it deals with real estate fraud, and legal malpractice, although not regarding this particular dependent. The case also discusses how the fraud statute of limitations and the “discovery” onset are…
Judiciary Law 487 claims have rocketed in frequency over the past several years, which is ironic as it is a statute which first appeared in England in 1275. Here in Langton v Sussman & Watkins 2025 NY Slip Op 02765
Decided on May 7, 2025 Appellate Division, Second Department the plaintiff was removed from her…
Barrett v Sacks & Sacks, LLP 2025 NY Slip Op 02547 Decided on April 29, 2025 Appellate Division, First Department is an example of the “but for” part of the legal malpractice formula. The legal malpractice formula holds that a successful legal malpractice claim shows, (i) departure from good practice; (ii) which proximately causes a…
Xiuwen Qi v Hang & Assoc., PLLC 2025 NY Slip Op 31308(U) April 16, 2025 Supreme Court, New York County Docket Number: Index No. 151821/2023 Judge: Mary V. Rosado is a discussion of “ripeness” and when a legal malpractice case can or cannot be proven.
“Upon the foregoing documents, and after a final…
