New York Attorney Malpractice Blog
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The New York Attorney Malpractice blog feature articles on PI, commercial, real estate, landlord, medical, insurance, debt, and attorney malpractice cases by attorney Andrew Lavoott Bluestone. He specializes in litigation of Legal Malpractice cases. He writes daily in the New York Attorney Malpractice Blog.
New York Attorney Malpractice Blog
1d ago
In Apollo Elec., Inc. v Aman Devs. LLC 2023 NY Slip Op 33466(U)
October 5, 2023 Supreme Court, New York County Docket Number: Index No. 155250/2019 Judge Debra A. James surveys the difference between breach of contract by an architect and malpractice by an architect.
The difference can have profound effects on the statute of limitations as well as on the calculation of damages.
” As for the first cause of action sounding in breach of contract against second third-party defendant AT Architects of the second third-party complaint, this court agrees with second third-party plaintiff that his alle ..read more
New York Attorney Malpractice Blog
3d ago
Incorporated Vil. of Freeport v Albrecht, Viggiano, Zurich & Co., P.C. 2024 NY Slip Op 01800 Decided on April 3, 2024 Appellate Division, Second Department is the one-in-a-million summary judgment for plaintiff in a professional negligence case.
“The plaintiff commenced this action, inter alia, to recover damages for accounting malpractice against the defendants, Albrecht, Viggiano, Zurich & Company, P.C., Robert McGrath, and Patrick Bryan (hereinafter collectively the defendants), an accounting firm and individual accountants at that firm. The defendants provided the plaintiff with ce ..read more
New York Attorney Malpractice Blog
6d ago
Rothman v Sandra Radna, P.C. 2024 NY Slip Op 02102 Decided on April 18, 2024
Appellate Division, First Department demonstrates that there are many procedural traps which can doom a later legal malpractice claim. In this setting, a stipulation collaterally estopped Plaintiff from suing the attorneys later.
“Plaintiff previously litigated whether defendants were entitled to a fee in her matrimonial action. As one basis for her motion to vacate defendants’ charging lien, plaintiff asserted that the failure of defendants to present expert evidence regarding domestic abuse and the valuation of the ..read more
New York Attorney Malpractice Blog
1w ago
Now that Urias v. Buttafuoco, has been decided by the Court of Appeals would Gelwan v De Ratafia 2023 NY Slip Op 32953(U) August 25, 2023 Supreme Court, New York County
Docket Number: Index No. 654525/2016 Judge: David B. Cohen have been decided differently as to the Judiciary Law 487 claim?
In Urias, the Court of Appeals held ” Not only does the text of the provision suggest that a plenary action is available in all instances of attorney deceit, but section 487’s long lineage also confirms that conclusion. The cause of action was descended from the first Statute of Westminster adopted in Engl ..read more
New York Attorney Malpractice Blog
2w ago
Jones Law Firm, P.C. v J Synergy Green, Inc. 2024 NY Slip Op 31127(U) April 2, 2024
Supreme Court, New York County Docket Number: Index No. 653730/2023 Judge: Lyle E. Frank illustrates the principle that while there may be a Code of Professional Conduct violation, there must be a proximate connection with pecuniary damages to accompany and be cause by that violation.
“The underlying action arises out of allegations that defendant/third-party plaintiff failed to pay plaintiffs legal fees as required by its engagement agreement. The third-party action and counterclaims arise out of the plaintiff ..read more
New York Attorney Malpractice Blog
3w ago
Under CPLR 214-6, and according to the ensuing court decisions, any claim against an attorney, whether purely in contract, in fraud or for professional negligence is subject to a 3-year statute of limitations. This legislative fix took place after the Court of Appeals permitted a 6-year statute of limitations in contract claims. For architects, it is different, as seen in Apollo Elec., Inc. v Aman Devs. LLC 2023 NY Slip Op 33466(U) October 5, 2023 Supreme Court, New York County Docket Number: Index No. 155250/2019 Judge: Debra A. James.
” As for the first cause of action sounding in breach of ..read more
New York Attorney Malpractice Blog
3w ago
It’s unusual to see a firm like Marcum LLP suing its attorneys. In this particular setting, the claim was rejected by the Appellate Division.
In Marcum LLP v L’Abbate, Balkan, Colavita & Contini, L.L.P. 2023 NY Slip Op 06443 [222 AD3d 486] December 14, 2023 Appellate Division, First Department the accounting firm claimed that its defense lawyers were negligent.
“Supreme Court correctly concluded that defendants, L’Abbate, Balkan, Colavita & Contini, L.L.P. (LBCC) and Marianne S. Conklin, who represented plaintiff in an underlying action alleging accounting malpractice, among other thin ..read more
New York Attorney Malpractice Blog
1M ago
Serafini Releasing LLC v Gray 2024 NY Slip Op 30863(U) March 13, 2024
Supreme Court, New York County Docket Number: Index No. 655579/2021
Judge: Melissa A. Crane is that rare New York legal malpractice case arising out of the making of a film. Here, Plaintiff has several scenarios at play against the attorney and, in the last reel, loses all.
“In this action, plaintiff Serafini Releasing, LLC (“plaintiff” or “Serafini”), a New Yark
based film production and distribution company, originally alleged that defendant Jonathan Gray (“Gray”), an attorney, and his law firm, defendant Gray Krauss Strat ..read more
New York Attorney Malpractice Blog
1M ago
The now bankrupt defendant in a personal injury case is suing her insurance carrier and her defense attorney after they failed to settle the case once summary judgment had been awarded to the injured party in Pergament v Government Empls. Ins. Co. (“GEICO”) 2024 NY Slip Op 01568 Decided on March 20, 2024 Appellate Division, Second Department. The motion was mostly denied.
“The defendant Government Employees Insurance Company (“GEICO”) (hereinafter Geico) retained the defendants Picciano & Scahill, LLP, and Gilbert J. Hardy (hereinafter together the law firm defendants) to represent Melissa ..read more
New York Attorney Malpractice Blog
1M ago
Sebco Dev., Inc. v Siegel & Reiner, LLP 2024 NY Slip Op 50292(U) Decided on March 20, 2024 Supreme Court, Bronx County Gomez, J. is the kind of legal malpractice case that comes up often enough to support the idea that real estate in NYC is a paramount, driving economic force, and that the extensive lawyering necessary results in many legal malpractice cases.
The case is fantastically fact-driven, and the decision is almost appellate in depth. It is impossible to summarize for a blog, but it is definitely worth reading completely for the definitions, the explanations and the discussion of ..read more