Robbins v O’Hara 2025 NY Slip Op 32005(U) June 5, 2025 Supreme Court, New York County Docket Number: Index No. 152842/2022 Judge: David B. Cohen presents the attorney judgment defense in a setting where the Court finds that there is no unsettled or misunderstood law.
“In his complaint, plaintiff alleges that he retained defendants in…
North Flats LLC v Belkin Burden Goldman, LLP 2025 NY Slip Op 32003(U) June 4, 2025 Supreme Court, New York County Docket Number: Index No.150420/2022 Judge: Richard G. Latin is the courtroom equivalent of a Broadway revival where the script was written by the AD and played out on a Supreme Court stage.
“Plaintiff, The…
Bernstein v Jacobson 2025 NY Slip Op 03173 Decided on May 28, 2025 Appellate Division, Second Department is the story of an attorney-client relationship gone bad. But…had it ended?
“In an action to recover damages for legal malpractice, the defendant appeals from an order of the Supreme Court, Queens County (Karina E. Alomar, J.), dated…
How to calculate when continuing representation ends is a continuing problem. Does the representation continue until new counsel come into the case? Does it continue until a consent to change attorney is filed? In Wells Fargo Bank, N.A. v Leopold & Assoc., PLLC 2025 NY Slip Op 03220 Decided on May 28, 2025 Appellate Division…
Rhttps://www.nycourts.gov/reporter/3dseries/2025/2025_50862.htmotonde v Stewart Title Ins. Co. 2025 NY Slip Op 50862(U) Decided on May 23, 2025 Supreme Court, Westchester County Jamieson, is plaintiffs new try at litigating claims over transfer of the Mamaroneck Beach Realty Group. It fails for a number of reasons.
“In this case, the verified complaint contains five causes of…
Rules concerning legal malpractice litigation are unique, difficult and adhered to. Rules about appellate records are even more specific and adhered to. In Lubin v Arnold E. DiJoseph, P.C. 2025 NY Slip Op 03057 Decided on May 21, 2025 the Appellate Division, Second Department dismissed a pro-se appeal from a pro-se litigation of a legal…
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 ?
