Client hires attorney to do Surrogate’s Court case.  Attorney hires CPA to do Estate tax returns.  CPA fails to file the returns timely and loses a six-figure refund on the statute of limitations.  CPA is sued and motion practice follows.  In Mazur Carp & Rubin, P.C. v Cohen & Schaeffer, C.P.A., P.C.  2019 NY Slip Op 31735(U)  June 18, 2019  Supreme Court, New York County    Docket Number: 153583/2014  Judge: Kathryn E. Freed mostly finds for Plaintiff. “Plaintiffs Mazur…

Departure, Proximate Cause and Ascertainable Damages are the holy triumvirate of legal malpractice.  Miami Capital, LLC v Hurwitz  2019 NY Slip Op 05332  Decided on July 2, 2019 Appellate Division, First Department illustrates what happens when one or more of these elements are missing, or at best, speculative. “Defendant’s motion was properly granted because while plaintiff anticipates that it could be subject to a rescission claim at some point in the future, such alleged damages are…

Kislev Partners, LLP v Sidley LLP  2019 NY Slip Op 31850(U)  June 27, 2019 Supreme Court, New York County Docket Number: 152739/2018 Judge: Saliann Scarpulla is an example of a multi-million dollar tax shelter fraud case in which Plaintiffs waited too long to sue. “Plaintiffs claim that, in late 2002, they identified a potential real estate project in Lower  Manhattan. They anticipated earning substantial profits on the project, which ultimately resulted in a “16-story residential tower designed by the renowned architect Richard…

While it is fine and well to identify a departure from good practice, it is similarly necessary to prove all the elements of legal malpractice.  Even more important, it is necessary to follow motion practice and procedures. Karimian v Karlin  2019 NY Slip Op 05193  Decided on June 27, 2019  Appellate Division, First Department is a good example. “Plaintiff failed to demonstrate a reasonable excuse for his default in responding to defendants’ motion to dismiss the complaint (CPLR…

Many people take a look at a legal malpractice situation and stop after identifying a departure.  In more common language, after finding a mistake, the analysis ends.  Failure to identify and have all elements of legal malpractice will lead to failure. Sapienza v Becker & Poliakoff  2019 NY Slip Op 05218 Decided on June 27, 2019 Appellate Division, First Department is an example: “Plaintiff’s fraud claim was properly dismissed, as plaintiff did not allege “actual pecuniary loss…

Urias v Daniel P. Buttafuoco & Assoc., PLLC  2019 NY Slip Op 05180 Decided on June 26, 2019 Appellate Division, Second Department speaks about Judiciary Law § 487 and legal malpractice.  In this summary judgment case, the legal malpractice claims remain in view of opposing experts.  The JL claims are dismissed. “The plaintiff commenced this action, inter alia, to recover damages for legal malpractice. The defendants Daniel P. Buttafuoco & Associates, PLLC, and Daniel P. Buttafuoco (hereinafter together…

David A. Kaminsky & Assoc., PC v Brenner  2019 NY Slip Op 51028(U)  Decided on June 24, 2019  Appellate Term, First Department presents an unusual situation.  The Appellate Term recognizes that there is a viable legal malpractice claim, but allows summary judgment on fees to be affirmed. “We sustain the grant of plaintiff’s motion for summary judgment in this action for unpaid legal fees. Plaintiff submitted evidence establishing the reasonable value of its services (see Kwangjin Song…