In Sebco Dev., Inc.; 178TH STREET HOUSING DEVELOPMENT FUND COMPANY, INC.; 479 COURTLANDT AVENUE HOUSING DEVELOPMENT FUND CORPORATION; CROTONA PARTNERS L.P.; ERMA CAVA HOUSING DEVELOPMENT FUND COMPANY, INC.; E.C. HOUSING DEVELOPMENT FUND COMPANY, INC.; FILOMENA GARDENS HOUSING DEVELOPMENT FUND COMPANY, INC.; Read More » The post In New York, violations of the Rules of Professional Conduct, do not, absent more, provide a basis for a legal malpractice claim appeared first on The Law Office of Richard A. Klass, Esq ..read more

In McGlynn v Burns & Harris, 223 AD3d 733 [2d Dept 2024], the court modified the lower court’s ruling on summary judgment, holding: A plaintiff seeking to recover damages for legal malpractice must establish that “(1) the attorney failed to exercise the ordinary Read More » The post Court modified lower court’s ruling on summary judgment appeared first on The Law Office of Richard A. Klass, Esq ..read more

In Lang v DiPaolo, 222 AD3d 856 [2d Dept 2023], the court not only upheld the dismissal of the client’s malpractice case but also granted the lawyer’s counterclaim for fees, holding: A plaintiff seeking to recover damages for legal malpractice must prove that Read More » The post Court granted the lawyer’s counterclaim for fees appeared first on The Law Office of Richard A. Klass, Esq ..read more

In Guliyev v Banilov & Assoc., P.C., 221 AD3d 589, 590-91 [2d Dept 2023], the court affirmed the motion to dismiss the client’s claims, holding: “On a motion to dismiss pursuant to CPLR 3211 (a) (7), the complaint must be afforded Read More » The post The court affirmed the motion to dismiss the client’s claims. appeared first on The Law Office of Richard A. Klass, Esq ..read more

In Alexim Holdings, LLC v McAuliffe, 2023 NY Slip Op 05581 [2d Dept Nov. 8, 2023], the court affirmed the dismissal of a client’s legal malpractice case, holding: On a motion to dismiss a complaint pursuant to CPLR 3211(a)(7) for failure Read More » The post On a motion to dismiss a complaint pursuant to CPLR 3211(a)(7)… appeared first on The Law Office of Richard A. Klass, Esq ..read more

In Guliyev v Banilov & Assoc., P.C., 198 NYS3d 400, 402-03 [2d Dept 2023], the court dealt with Judiciary Law Section 487. The court held: “On a motion to dismiss pursuant to CPLR 3211(a)(7), the complaint must be afforded a liberal Read More » The post Court dealt with Judiciary Law Section 487. appeared first on The Law Office of Richard A. Klass, Esq ..read more

In Garanin v Hiatt, 219 AD3d 958, 959 [2d Dept 2023], the court held that the law firm’s motion to dismiss should have been denied since the court should have accepted the plaintiff’s allegations in the complaint as true. The court Read More » The post Court should have accepted the plaintiff’s allegations in the complaint as true. appeared first on The Law Office of Richard A. Klass, Esq ..read more

The defendant corporation was served with the Summons and Complaint through the New York Secretary of State, as reflected in the affidavit of service. As reflected in the certificate of service from the NYS Secretary of State, the defendant was Read More » The post Catch Me If You Can: The importance of an up-to-date address for Service of Process. appeared first on The Law Office of Richard A. Klass, Esq ..read more

In 1934 Bedford, LLC v Gutman Weiss, P.C., 2023 NY Slip Op 04558 [2d Dept Sept. 13, 2023], the court held that the client’s complaint could not be amended where the proposed amendment was “palpably insufficient or patently without merit,” holding: Read More » The post “palpably insufficient or patently without merit” appeared first on The Law Office of Richard A. Klass, Esq ..read more

In Kohler v Polsky, 219 AD3d 821 [2d Dept 2023], the court held that the law firm could not be held responsible for acts outside the scope of their retention, holding: Rule 1.2(c) of the Rules of Professional Conduct (22 NYCRR Read More » The post Acts outside the scope of retention appeared first on The Law Office of Richard A. Klass, Esq ..read more