Civil Litigation

Pace v Horowitz  2021 NY Slip Op 00392 Decided on January 26, 2021 Appellate Division, First Department illustrates the power of the “date of mistake” statute of limitations in legal malpractice.  Despite the problem that many mistakes do not surface for a long time, Courts rigorously apply the statute of limitations and are parsimonious in allowing continuous representation. “The court correctly determined that plaintiffs failed to show that there is an issue of fact…
If you have a CDL (Commercial Driver’s License), and you are convicted of DUI (driving under the influence) then the state will suspend your CDL for a certain period of time. The length of your suspension depends on a variety of factors, as I discuss in this post. Length of Time Your CDL Could Be Suspended for DUI Federal law says that if you are convicted of DUI, a state must suspend your CDL according…
Pre-Answer Dismissal of complaints is given outsized importance in legal malpractice litigation.  Anecdotally, a higher percentage of legal malpractice cases are dismissed pre-answer than those in the general population of litigation cases.  Zeppieri v Vinson 2021 NY Slip Op 00348 Decided on January 21, 2021 Appellate Division, Third Department describes how 3211(a)(1) is used. “”A motion pursuant to CPLR 3211 (a) (1) to dismiss the complaint as barred by documentary evidence may be properly granted…
Wrongful death is recognized as a cause of action in New York. But what if a decedent’s wishes as to cessation of health care is not followed.  Lanzetta v. Montefiore Med. Ctr., 2021 NY Slip Op 21026 – NY: Supreme Court February 16, 2021: “….. A “wrongful life” claim typically refers to a medical malpractice or negligence claim by a parent (or other guardian) on behalf of an impaired child based on the theory that…
Wrongful death is recognized as a cause of action in New York. But what if a decedent’s wishes as to cessation of health care is not followed.  Lanzetta v. Montefiore Med. Ctr., 2021 NY Slip Op 21026 – NY: Supreme Court February 16, 2021: “….. A “wrongful life” claim typically refers to a medical malpractice or negligence claim by a parent (or other guardian) on behalf of an impaired child based on the theory that…