In Berger v Lewis Johs Avallone Aviles, LLP, 232 AD3d 840, 841-42 [2d Dept 2024], the court affirmed the denial of the law firm’s motion to dismiss the client’s malpractice lawsuit, holding: “To succeed on a motion to dismiss based upon…
Not So…Quick on the Trigger – Interest awarded from the “earliest ascertainable date”
A home improvement contractor sued a homeowner for breach of contract. The plaintiff-contractor alleged that it agreed to perform renovation and construction services for the defendant-homeowner, performed the labor and furnished all materials, and was not paid for the job.…
Super Lawyers: 10th year for Richard Klass
We are pleased to announce that Richard Klass has been selected to the 2024 New York Metro Super Lawyers list. Each year, no more than five percent of the lawyers in the state are selected by the research…
Dismissed legal malpractice action based on jurisdictional grounds
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…
