Berry v Batash 2026 NY Slip Op 01755 Decided on March 25, 2026 Appellate Division, Second Department deals with the question of whether certain claims, Judiciary Law 487 amoungst them, had to be brought as counterclaims, or could they be
New York Attorney Malpractice Blog
The New York Attorney Malpractice Blog, published by Andrew Lavoott Bluestone, focuses on legal malpractice and professional negligence issues within New York State. It covers case law developments, litigation strategies, and procedural aspects related to claims against attorneys for malpractice in various legal fields including criminal defense, civil litigation, contract disputes, and professional responsibility. The blog discusses court decisions involving attorney conduct, client representation failures, and remedies available for clients harmed by legal malpractice. It also addresses related topics such as Judiciary Law §487 claims and procedural rules impacting malpractice litigation. The content reflects Bluestone's extensive experience and board certification in legal malpractice law.
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Advocacy Or Deceit?
On a fairly simple factual level, Dewald v Dewald 2026 NY Slip Op 31523(U)April 10, 2026 Supreme Court, New York County Docket Number: Index No. 161582/2025 Judge: Phaedra F. Perry-Bond discusses the dividing line between advocacy and deceit, and what…
Is This The Most Hallucinatory of All Legal Malpractice Cases?
There has been a lot of back and forth about AI mistakes in case citation, and overly unreasonable reliance on AI in guiding legal arguments. We think that Kleyman Law Group, P.C. v Kaloidis 2026 NY Slip Op 31557(U) April…
Contribution, Indemnity, Successor Counsel and Legal Malpractice
In an unusually detailed and explanatory decision, Judge Hasa A. Kingo dissects the question of successor liablity in a legal malpractice setting, contribution and indemnity between predecessor and successor counsel and legal malpractice. The case is 99th Ave. Holdings, LLC…
Some of the Common Phrases Invoked in Attorney-Client Privilege Disputes
The First Department determined this discovery dispute concerning whether attorney-client communications were privileged or waived in Prospect Capital Corp. v Morgan Lewis & Bockius LLP, 2026 NY Slip Op 02220, April 14, 2026.“In this legal malpractice case, Supreme Court…
What Is A View Worth In A Manhattan Apartment?
A close reading of Halperin v Van Dam 2026 NY Slip Op 02333 April 16, 2026 Appellate Division, First Department implies that (counterintuitiviely) it is not worth that much.“This case arises from plaintiffs’ purchase of an apartment located on the…
Some Unusual Procedural Moves, Yet a Cognizable Decision in a Legal Malpractice Claim
Shaikh v Davis 2026 NY Slip Op 31320(U) April 1, 2026 Supreme Court, New York County Docket Number: Index No. 100809/2025 Judge: Hasa A. Kingo presents the question of what happens if a CPLR 3211 motion is made after an…
An Uninsured Attorney, A Fee Claim, A Videotaped Deposition and a Loss
Aberbach-Marolda v Cherner 2026 NY Slip Op 02089 April 8, 2026 Appellate Division, Second Department is a real curiosity. A star appellate team for Defendant-Appellant, appealing from a negative outcome at a very rare legal malpractice trial and what seems…
Fees and Sanctions in a Legal Malpractice Case
Link Motion Inc. v DLA Piper LLP (us) 2026 NY Slip Op 02066 April 7, 2026Appellate Division, First Department is a short distillation of how a legal malpractice clame can go wrong. Here, it ended in dismissal, attorney-fee sanction and…
The Intervening Cause Defense
North Flats LLC v Belkin Burden Goldman, LLP 2026 NY Slip Op 01165 Decided on March 03, 2026 Appellate Division, First Department is an example of where the defenses of insufficient expert causation evidence coupled with “intervening cause” entitle defendant…