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
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
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,
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
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
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
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
Often, a legal malpractice case hinges on what a court would have done if there were no settlement, or if a certain witness were called, or if a certain document had been offered for admission. Courts routinely refuse to “speculate”
Puccio v Hoffman, Wachtell & Rao, LLP 2026 NY Slip Op 05122 August 26, 2026Appellate Division, Second Department is a legal malpractice case based upon a worker’s compensation claim which did not go well. The Appellate Division affirmed on the
Salas v. 711-715 E. 231st St., LLC , Appellate Division, First Department, Decided August 20, 2026, 2026 NY Slip Op 05064 shows both sides of a decision dismissing a Judiciary Law 487 claim. With a two-judge dissent, it may well
