In Musial v Donohue, 225 AD3d 1164, 1164-65 [4th Dept 2024], the court dismissed a client’s legal malpractice action based on jurisdictional grounds since the defendants/attorneys were not in New York but in Texas. The court held: Plaintiffs, who reside in…
The court reminded parties of the importance of submitting affidavits on motions
In Boukari v Schwartzberg Assoc., LLC, 225 AD3d 417, 417-18 [1st Dept 2024], the court reminded parties of the importance of submitting affidavits on motions. The court held: Plaintiff opposed the motion only with an attorney affirmation. She did not submit…
An allegation of attorney deceit on the court or a party
In Urias v Daniel P. Buttafuoco & Assoc., PLLC, 2024 NY Slip Op 01497 [Ct App Mar. 19, 2024], the NYS Court of Appeals dealt with Judiciary Law Section 487, holding that: [Defendant/Attorney] contends that “[Plaintiff/Client] was relegated to bringing…
In New York, violations of the Rules of Professional Conduct, do not, absent more, provide a basis for a legal malpractice claim
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.;…
Court modified lower court’s ruling on summary judgment
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…
