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On February 15, 2024, an appeals court covering a New York County case issued an opinion of first impression concerning standing to sue for legal malpractice. The case involved a retrocessional insurer (reinsurer of a reinsurer) seeking to bring a legal malpractice action against the attorneys re...
On August 18, 2023, a New York County Supreme Court Justice denied a law firm's motion to dismiss a legal malpractice claim. The plaintiff was the Administrator of his father's Estate and claimed that the legal services provided by the attorney's were careless and untimely causing economic losses...
On August 9, 2023,a New York State appeals court covering lawsuits in Brooklyn described how the statute of limitations (deadline) for filing claims against attorney's for fraud or deceit can be shortened to 3 years. In an action against an attorney for deceitful conduct under Judiciary Law Secti...
On May 11, 2023, a NYS appeals court dismissed a legal malpractice claim arguing that plaintiff (client) unnecessarily spent tens of thousands of dollars on attorney fees to litigate and thereafter, arbitrate a real estate partnership dispute "because of the attorney's bad advice to advance certa...
On April 26, 2023, a New York appellate court covering Suffolk County upheld the pre-answer dismissal of a legal malpractice suit. A disgruntled client in a commercial mortgage foreclosure action had his legal malpractice claim dismissed at the outset of litigation because his claim was wrong on ...
The Appellate Division, Second Department on April 19, 2023 ruled upon an interesting question of law regarding the statute of limitations in legal malpractice actions. Here are the basic facts. Client sued attorney for legal malpractice alleging that her personal injury actions were dismissed be...
On April 4, 2023, an appeals court affirmed New York County Supreme Court Justice Jaffe who dismissed a legal malpractice claim, disguised as a "simple negligence" claim, finding that a disgruntled prospective beneficiary of an Estate cannot sue the attorney who planned the Estate or drafted the ...
On January 18, 2023 an appeals court reversed a Suffolk County, Supreme Court of New York Judge who had dismissed a legal malpractice claim holding that the law firm had not met its burden of proof on a pre-trial motion for summary judgment. The underlying case involved a sanitation worker/pedest...
On December 28, 2022, an appellate court upheld a Westchester County bench trial verdict of $1,856,699 against an attorney in favor of an estate despite the lack of privity. The defendant attorney was retained by the first executor to facilitate the administration of the estate of plaintiff's fat...
Appellate Legal Malpractice In 1896?
On April 13, 2022, the Appellate Division, Second Department overruled a Supreme Court Justice who dismissed a claim of wrongdoing under Judiciary Law 487, against an attorney by clients he represented in a litigation concerning the sale of plaintiff's interests in three skilled nursing care fac...
On March 22, 2022 an appellate court covering suits filed in Manhattan reversed a lower court that had dismissed a legal malpractice claim regarding the sale of a condominium. The plaintiff claimed that their attorneys were negligent for allowing their breach of contract action to be dismissed on...
Yesterday, the Appellate Division, First Department reversed a Manhattan Judge who refused to dismiss a legal malpractice claim against a law firm. The plaintiff alleged that he retained the law firm to sue an insurance company that disclaimed coverage for a property damage claim concerning his c...
On January 6, 2022, an appellate court agreed that a Manhattan attorney could not be sued for failing to convey to his client an offer to settle a personal injury law suit - in the absence of an allegation that the plaintiff would have accepted the offer. This case represents the application of a...
On December 23, 2021 an appellate court covering Saratoga County upheld the denial of a law firm's motion to dismiss a legal malpractice claim. The plaintiff claimed that she hired the defendant law firm to negotiate a settlement agreement with her former employer, the Town of Milton. The plainti...
On December 14, 2021, the First Department reversed a decision that addressed the duty owed by an attorney to a client arising out of a failure to file a Notice of Claim within 90 days and/or a motion for leave to file a late Notice of Claim within 1 year and 90 days. Plaintiff retained attorney ...
On November 24, 2021, an appellate court covering appeals from Broome County in upstate New York resolved some novel legal issues in attorney-client relationships. What was unusual is that the Court found that a client's allegation that an attorney delayed her divorce/child custody litigation so ...
On July 28, 2021, the Appellate Division, Second Department reversed a Kings County Justice who had dismissed a legal malpractice claim as untimely and for plaintiffs alleged lack of standing. In the year prior to suit the plaintiff had filed a bankruptcy petition and neglected to list the potent...
On June 30, 2021, the Appellate Division, Second Department overruled a Nassau County Justice and held that a legal malpractice claim could not be dismissed simply because there was no written retainer agreement. The plaintiff had defaulted on a real estate mortgage resulting in a judgment of for...
On June 30, 2021, an appellate court reversed a Nassau County Supreme Court Justice who dismissed a client's breach of contract claim against his former attorney. Far too many legal malpractice claimants throw in a breach of contract claim for good measure, despite being routinely dismissed as du...
In March 2021, a Staten Island Judge dismissed a legal malpractice suit brought against an attorney who allegedly allowed a default judgment to be taken against the client for $865,000. The issue before the Court was whether the legal malpractice suit was premature since the defendant law firm ha...
Last week an appellate Court dismissed a legal malpractice complaint due to the shortcomings in the client's complaint. The client retained a worker's compensation attorney to represent him in a claim for benefits arising out of an "on the job injury" when he fell off a ladder. At a hearing, evid...
On June 17, 2021 an Appellate Court refused to overturn a jury verdict in favor of an attorney sued for losing a medical malpractice trial in a New York County Court in 2017. The issue in this case was whether the client or her attorney was to blame for failing to have a medical expert testify a...
On May 14, 2020, a New York State appellate court agreed with a Manhattan Judge that a legal malpractice claim against an attorney who defended a NYC Teacher at a Board of Education license revocation hearing, lacked sufficient proof to proceed to a jury trial. The Teacher lost his license follow...
On March 25, 2020, an appellate court covering Suffolk County found that a Riverhead attorney had taken advantage of a grieving widow who had just received $300,000 in life insurance proceed following the death of her husband. The attorney was retained by the widow to file a petition for probate....
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