Hirsch v Walder 2022 NY Slip Op 00124 Decided on January 11, 2022
Appellate Division, First Department is an example of the depth to which the Courts go in making determinative decisions on early-pleading motions to dismiss. In this case,
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A Long Litigation, But too Late for Legal Malpractice Claim
When does the statute of limitations commence for a legal malpractice claim? In short, it commences on the date of the mistake. It can be tolled by continuous representation. In Ross v Mashkanta, LLC 2021 NY Slip Op 32873(U) December…
Legal Malpractice Cases Remaining From Superstorm Sandy
Plaintiffs in 286 Corbin Owners Corp. v Berger, 2022 NY Slip Op., 30018(U) January 3, 2022 Supreme Court, Kings County et Number: Index No. 513265/2020 Judge: Wavny Toussaint suffered storm damage from Sandy, and hired defendant attorneys to litigate. Things…
Was An Offer Made and If So Was It Communicated?
Drasche v Edelman & Edelman 2022 NY Slip Op 00044 Decided on January 06, 2022 Appellate Division, First Department is a “got an offer but did not communicate it” claim which was dismissed, in part for the failure to prove…
Can you Depend On WebCivilSupreme?
In a legal malpractice case, Defendants got a WebCivilSupreme notification that the motion was adjourned to August 24, 2020. That’s where things started to go wrong.
In Reem Contr. v Altschul & Altschul 2022 NY Slip Op 00021 Decided on…
A Primer on Various Statutes of Limitation
While only mentioning legal malpractice in passing, Morrow v Brighthouse Life Ins. Co. of NY 2021 NY Slip Op 07373. Decided on December 23, 2021, Appellate Division, Fourth Department is an interesting primer on statutes of limitations.
“We agree with…
Multiple Litigations and a Legal Malpractice Claim
Singh v Pliskin, Rubano, Baum & Vitulli 2021 NY Slip Op 07019
Decided on December 15, 2021 Appellate Division, Second Department
“The plaintiff Roopnarine Singh is the majority shareholder of the plaintiff MSN Air Service, Inc. (hereinafter MSN). Edward A.…
Much Ado and No Resolution
In a short year end decision, no one wins a summary judgment decision. This stand-off clearly favors plaintiff, which now enters the new year with a trial to be had. In Security Plans, Inc. v Harter Secrest & Emery, LLP…
Was The Fee Greater Than The Retainer Allowed?
Wilson v Tully Rinckey PLLC 2021 NY Slip Op 07341 Decided on December 23, 2021 Appellate Division, Third Department is a fairly straight-forward affirmance of Supreme Court’s denial of a CPLR 3211 motion. Here are the simple reasons why…
Always Remind the Court that You Are An Attorney
As a trial document, Outeda v Asensio 2021 NY Slip Op 51069(U) [73 Misc 3d 136(A)] Decided on November 5, 2021 Appellate Term, Second Department is a little surprising. It’s an attorney fee trial over $ 10,000. The decision catalogues…