Accountants (in general) may rely upon information given to them by the client and are not under a general requirement to investigate. This state of affairs doomed Deane v Brodman 2021 NY Slip Op 01842 [192 AD3d 577] March 25,
Continue Reading What Is The Professional Standard for an Accountant?
New York Attorney Malpractice Blog
Blog Authors
Latest from New York Attorney Malpractice Blog
Statements Were Pertinent to the Action
Gill v. Doubherty, 2020 NY Slip Op 06758 [188 AD3d 1008] November 18, 2020 Appellate Division, Second Department is a reversal of Supreme Court’s denial of a CPLR 3211 motion.
“In an action, inter alia, to recover damages for violation…
Continue Reading Statements Were Pertinent to the Action
Judiciary Law 487 v. Civil Fraud Upon the Court
Pinkesz Mut. Holdings, LLC v Pinkesz 2021 NY Slip Op 05359 Decided on October 6, 2021 Appellate Division, Second Department makes an interesting distinction between “civil fraud upon the court” and Judiciary Law §487. There is a question raised…
Continue Reading Judiciary Law 487 v. Civil Fraud Upon the Court
Some Blackletter Law on CPLR 3211 Motions and Judiciary Law 487
Although the Appellate Division did not really link the case facts to the blackletter law, Bianco v Law Offs. of Yuri Prakhin 2020 NY Slip Op 07849 [189 AD3d 1326] December 23, 2020 Appellate Division, Second Departmentis worthwhile reading for…
Continue Reading Some Blackletter Law on CPLR 3211 Motions and Judiciary Law 487
Lose It Once, Lose it Twice
In Pritsker v Zamansky LLC 2021 NY Slip Op 02767 [194 AD3d 432]
May 4, 2021 Appellate Division, First DepartmentPlaintiff tried to bring this claim in 201`7, only to face dismissal. When the Claim was brought again, albeit it a…
Continue Reading Lose It Once, Lose it Twice
Late Filing of An Expert Report Rejected
Plaintiff tried to use an expert’s report which summarized the estate’s account on a summary judgment opposition in Leeder v Antonucci
2021 NY Slip Op 03978 [195 AD3d 1592] June 17, 2021 Appellate Division, Fourth Department. It was submitted after…
Continue Reading Late Filing of An Expert Report Rejected
Consent to Change Attorney is the Definitive End
It’s not always true that plaintiff can rely upon the filing date of a consent to change attorney as the end of continuous representation. In certain circumstances it can end much earlier. Nevertheless, in Farina v Katsandonis, P.C.2021…
Continue Reading Consent to Change Attorney is the Definitive End
A Thorough Script for an Accounting Malpractice Case
Darby Scott, Ltd. v Michael S. Libock & Co. LLC CPAs 2020 NY Slip Op 34343(U) December 31, 2020 Supreme Court, New York County
Docket Number: 653044/2013 Judge: Robert D. Kalish is a script for how a CPA malpractice case…
Continue Reading A Thorough Script for an Accounting Malpractice Case
Not Egregious and Not Multiple
Judiciary Law § 487 is hard to prove to a court’s satisfaction. It is not “lightly given” and rarely proceeds past the pleading stage. Dreamco Dev. Corp. v Empire State Dev. Corp. 2021 NY Slip Op 00952 [191 AD3d 1444]…
Continue Reading Not Egregious and Not Multiple
A Very Interesting Massachusetts Law
Hartford Fire Ins. Co. v Sedgwick Claims Mgt. Servs., Inc. 2021 NY Slip Op 30438(U) February 16, 2021 Supreme Court, New York County Docket Number: 653915/2015 Judge: Andrea Masley is a case concerning the failures at trial of a medical…
Continue Reading A Very Interesting Massachusetts Law