There is a not-well known exception to the statute of limitations found in CPLR 203(d) which is explained by the Appellate Division, Second Department in Getzel Schiff & Pesce, LLP v Shtayner 2024 NY Slip Op 06186 Decided on December 11, 2024.
“In November 2021, the plaintiff, Getzel Schiff & Pesce, LLP (hereinafter GSP), commenced…
Ostrander v Mullen 2024 NY Slip Op 06461 Decided on December 20, 2024Appellate Division, Fourth Department is an example of what really sounds like a JL 487 kind of claim. It concerns allegations of a “forged” deed and attempts to use it in litigation.
“We agree with plaintiffs that Supreme Court erred in dismissing the…
Seibel v Scarola Zubatov Schaffin PLLC 2025 NY Slip Op 00067 Decided on January 07, 2025 Appellate Division, First Department is the story of how a law firm successfully withdrew from a case when the client became less than cooperative.
“The court properly granted defendant’s motion for summary judgment dismissing the complaint for legal malpractice…
Try to follow the events in 482 Tompkins Realty LLC v 482 Tompkins Capital LLC 2024 NY Slip Op 34520(U) December 18, 2024 Supreme Court, Kings County Docket Number: Index No. 1322/18 Judge: Larry D. Martin and decide for yourself who might be at fault.
“Plaintiffs commenced this action to recover damages and equitable…
Springs v L&D Law P.C. 2025 NY Slip Op 00032 Decided on January 02, 2025Appellate Division, First Department discusses the “judgment rule” and how it should be applied in a legal malpractice setting.
“Plaintiff, a former New York City firefighter, first retained defendant Liggieri to represent him in a 2017 discrimination action in the Southern…
Chang v Yi Lin 2024 NY Slip Op 33338(U) September 20, 2024 Supreme Court, New York County Docket Number: Index No. 161222/2023 Judge: Mary V. Rosado documents what is a not unusual situation. In a divorce setting, one of the parties often think that a single attorney is representing them as well as their spouse.…
Lee v Leeds, Morelli & Brown, P.C. 2024 NY Slip Op 06624 Decided on December 24, 2024 Appellate Division, Second Department is another case against the law firm of Leeds, Morelli & Brown, P.C., which developed a method of suing large companies on behalf of their employees, which drew at least two legal malpractice cases…
Lower courts are more likely to dismiss legal malpractice cases on the statute of limitations than are Appellate courts. Dellwood Dev., Ltd. v Coffinas Law Firm, PLLC2024 NY Slip Op 06184 Decided on December 11, 2024 Appellate Division, Second Department is such an example.
“The plaintiffs commenced this action against the defendants Coffinas Law…
Every once in a while the ghost of McCoy v. Feinman, 99 N.Y.2d 295, 304 (2002) comes floating into view, (with apology for the mixed metaphor). The importance of this case is as an alternative theory for when the statute of limitations commences to run. Its application is seen in a passing comment in…
Kleinberg, Kaplan, Wolff & Cohen, P.C. v Ria R Squared, Inc. 2024 NY Slip Op 34315(U) December 6, 2024 Supreme Court, New York County Docket Number: Index No. 152115/2023 Judge: Emily Morales-Minerva is an attorney fee case against a former client. Question: where may the president of the former client be deposed in this fee-malpractice…
