Estate of Brook v Ruotolo 2026 NY Slip Op 32036(U) May 11, 2026Supreme Court, New York County Docket Number: Index No. 805045/2024Judge: John J. Kelley reads like a movie. Well off mother and father engage in proper estate planning, husband and son become successor-attorneys-in-fact with healthcare proxies only to have an uncle come in and
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Beneficiary Loses Estate Case on Statute of Limitations Defense
As is so familiar, legal malpractice cases based upon negligent estate planning often founder on the time lapse between the negligent advice and the unfavorable outcome of that advice. Chester v List 2026 NY Slip Op 02962 May 13, 2026 Appellate Division, Second Department is an example.
“On May 31, 2024, the plaintiff commenced this…
In This Cases Between A Member and A Law Firm, the Member Loses (2)
We discussed Zabit v Brandometry, LLC 2026 NY Slip Op 31752(U) April 16, 2026Supreme Court, New York County Docket Number: Index No. 656563/2021Judge: Emily Morales-Minerva on Monday. Here is the balance of the decision.
“In this action, as undisputed at oral argument, the causes of action plaintiffs assert against law firm and attorney are as…
In This Cases Between A Member and A Law Firm, the Member Loses
A very familiar situation in legal malpractice is where one member of an LLC sues the law firm over its representation of the LLC to the member’s detriment. Often the law firm has been hired solely by the LLC and the member believes that the law firm is protecting the member’s interests. Zabit v Brandometry…
Fraudulent Schemes to Take Title to Property, Legal Malpractice and Academic Appeals
The main lesson of Bruce v Solny 2026 NY Slip Op 02815 May 6, 2026 Appellate Division, Second Department is that an amended complaint renders the initial complaint “superseded” and no longer may be appealed. Amendment of the complaint occurs often in early motion practice after defendants make a CPLR 3211 motion.
“This action arises…
Failure to Notify of Settlement Offers and Callous Disregard of the Probability of An Excess Verdict and Legal Malpractice
Stumacher v Medical Liab. Mut. Ins. Co. 2026 NY Slip Op 02734 April 30, 2026 Appellate Division, First Department tells the story of a med malpractice defense which did not end well for the doctor.
“Order, Supreme Court, New York County (Judith N. McMahon, J.), entered March 31, 2025, which denied defendant Medical Liability Mutual…
Counterclaims or Plenary Action?
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 broght in a plenary action. While Urias v. Buttafuoco is not mentioned it looms large…
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 will convert one to the other.
“The Judiciary Law § 487 is dismissed (see NYSCEF…
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 13, 2026 Supreme Court, Kings County Docket Number: Index No. 502644/25 Judge: Heela D. Capell…
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 v Schatz 2026 NY Slip Op 31476(U) April 9, 2026 Supreme Court, New York County…