In Golden Jubilee Realty, LLC v Castro, 196 AD3d 680, 681-82 [2d Dept 2021], the court held that the plaintiff raised a question as to standing to sue the attorney for malpractice sufficient to justify denial of the attorney’s motion to Read More »
On a motion for summary judgment, movant must show that there are no triable issues of fact.
Fricano v Law Offices of Tisha Adams, LLC, 194 AD3d 1016 [2d Dept 2021] serves as a reminder that, on a motion for summary judgment, the movant must show that there are no triable issues of fact. The court held: Read More »
Court stayed the client’s action for legal malpractice pending arbitration.
In Protostorm, Inc. v Foley & Lardner LLP, 193 AD3d 486 [1st Dept 2021], the court stayed the client’s action for legal malpractice pending arbitration between the client and attorney: “Where there is no substantial question whether a valid agreement [to Read More »
Plaintiff/client failed to plead factual allegations sufficient to show the claims were not merely speculative and conclusory.
The court in Denisco v Uysal, 195 AD3d 989, 990-91 [2d Dept 2021] found that the plaintiff/client failed to plead factual allegations sufficient to show the claims were not merely speculative and conclusory, holding: On a motion to dismiss pursuant to Read More »
Reminder to Attorneys: explicitly confirm when representation of the client has terminated.
Schwenger v Weitz, Kleinick & Weitz, LLP, 192 AD3d 606, 607 [1st Dept 2021] serves as a good reminder to attorneys to confirm that representation of the client has terminated in explicit terms: Where, as here, defendants were retained in Read More »
