Judiciary Law 487 claims have rocketed in frequency over the past several years, which is ironic as it is a statute which first appeared in England in 1275. Here in Langton v Sussman & Watkins 2025 NY Slip Op 02765Decided on May 7, 2025 Appellate Division, Second Department the plaintiff was removed from her position
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Was It Trivial or Consequential?
Barrett v Sacks & Sacks, LLP 2025 NY Slip Op 02547 Decided on April 29, 2025 Appellate Division, First Department is an example of the “but for” part of the legal malpractice formula. The legal malpractice formula holds that a successful legal malpractice claim shows, (i) departure from good practice; (ii) which proximately causes a…
Still Too Early
Xiuwen Qi v Hang & Assoc., PLLC 2025 NY Slip Op 31308(U) April 16, 2025 Supreme Court, New York County Docket Number: Index No. 151821/2023 Judge: Mary V. Rosado is a discussion of “ripeness” and when a legal malpractice case can or cannot be proven.
“Upon the foregoing documents, and after a final…
Was She An Employee or An Independent Contractor
This question can have large real world consequences as we see in Park W. Exec. Servs., Inc. v Gallo Vitucci & Klar, LLP 2025 NY Slip Op 31462(U) April 25, 2025 Supreme Court, New York County Docket Number: Index No. 157052/2024 Judge: Paul A. Goetz. In a legal malpractice setting, whether the attorneys “admitted” that…
Not The Usual “Account Stated” Case
Goldstein v Scott Seidler Family Trust 2025 NY Slip Op 31422(U) April 22, 2025 Supreme Court, New York County Docket Number: Index No. 156268/2021 Judge: Judy H. Kim is a very unusual attorney fee/legal malpractice defense case. It is unusual for the initial highly aggressive procedure, as well as the assuredness with which the Court…
Not Bad Enough
Mohammad v Rehman 2025 NY Slip Op 01622 Decided on March 19, 2025 Appellate Division, Second Department has a Judiciary Law 487 claim which is dismissed on the pleadings as not bad enough. This is a very common CPLR 3211 decision in Judiciary Law 487 cases.
“In October 2019, the plaintiff commenced this action against…
Some Procedural Issues in a Legal Malpractice Case
Here, defendants oppose amendment, renew their opposition, and then take an appeal. The appeal fails.
“In May 2016, the plaintiffs commenced this action to recover damages for legal malpractice against the defendant, their former attorneys, who represented the plaintiffs in connection with leasing certain real property located in Manhattan. The plaintiffs amended the complaint in…
A Bunch of Confusion Early On Leads to Motion Practice
Kakushadze v Skin Cancer & Aesthetic Surgery, P.C. 2025 NY Slip Op 31149(U) April 3, 2025 Supreme Court, Kings County Docket Number: Index No. 500196/2023 Judge: Ingrid Joseph seems to be (the decision does not discuss representation of plaintiff) the kind of issues that arise in pro-se cases.
“Plaintiff Zurab Kakushadze (“Plaintiff”) commenced this action…
Failure To Raise Court of Appeals Precedent Can Be Legal Malpractice
Whether other issues will work in the attorney’s favor is a question for summary judgment. In Golden Ins. Co. v Vogrin & Frimet, LLP 2025 NY Slip Op 31103(U) April 4, 2025 Supreme Court, New York County Docket Number: Index No. 162162/2023 Judge: Mary V. Rosado, the court held that failing to raise a controlling…
Philosophy 101 – What Is A Signature?
The words “legal malpractice” are mentioned only in passing, yet Medical Supply of NY Corp. v State Farm Mut. Auto. Ins. Co. 2025 NY Slip Op 50412(U) Decided on April 1, 2025 Civil Court Of The City Of New York, Kings County Roper, J. is a fascinating analysis of what is a signature. The notary…