Matter of Spiegelman 2026 NY Slip Op 06252 October 27, 2026 Appellate Division, First Department Per Curiam contains way too many specifications of wrong conduct, legal malpractice, quasi-criminal acts leads to an interim suspension for this attorney. Here is but
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Speculation and Internal Dissention Doom a Legal Malpractice Case
Medley Mgt. Inc. v Lowenstein Sandler, LLP 2026 NY Slip Op 06202 October 22, 2026 Appellate Division, First Department is a complicated bankruptcy Capter 11 reorganization legal malpractice case. Although the AD first discusses the lack of sufficient opposition to
How CPLR 306-b works
Sapp-Gooding v Kreindler & Kreindler, LLP 2026 NY Slip Op 06159 October 21, 2026
Appellate Division, Second Department is a legal malpractice case in which Plaintiff asked for more time to serve the summons and complaint in a case involving
Two Lessons From a Legal Malpractice Case
Karsch v Falcon Rappaport & Berkman PLLC 2026 NY Slip Op 06006 October 15, 2026 Appellate Division, First Department teaches two lessons concerning standing and damages.
“Plaintiffs are the co-executors of the MK Estate, which owned commercial real estate properties
Just Not Different Enough to Survive
A common inquiry in legal malpractice cases is whether a case was settled by the attorney with authority or without authority. What generally happens is that an attorney negotiates with the other side, reaches a number they like, discuss with
A Rare Reversal of a Legal Malpractice Dismissal
Katsoris v Bodnar & Milone, LLP 2026 NY Slip Op 05089 August 26, 2026 Appellate Division, Second Department is a case where the unusual happened. Plaintiff was able to reverse the dismissal of a legal malpractice claim.
“In an action,
Speculation and Legal Malpractice
Legal malpractice is always the comparison of the actual outcome of litigation and the hypothetical better outcome had the attorneys acted differently. Putting aside questions of strategy, if the attorneys departed from good practice and the financial outcome is negative
Duplicative and Late
Benyaminpour v Lipton 2026 NY Slip Op 05072 August 26, 2026 Appellate Division, Second Department is the kind of appellate decision where the outlying claims are trimmed and the central claim is wiped out. Here, accounting malpractice was dismissed as
The Workers’ Compensation and Personal Injury Problem
Pires v Daniella Levi & Assoc., P.C. 2026 NY Slip Op 05330 September 16, 2026
Appellate Division, Second Department illustrates a very common legal malpractice issue that comes up in the personal injury area. Plaintiff is injured at work and
Speculation on the Legal Malpractice Claim, Failure to Show Deceit on the Judiciary Law 487 Claim
Santostefano v Zabell 2026 NY Slip Op 05202 September 2, 2026 Appellate Division, Second Department had claims for both legal malpractice and violation of judiciary law 487. We reviewed the “speculative” nature of the legal malpractice claims previously. The Judiciary