In Walker v Shaevitz & Shaevitz, Esqs., 192 AD3d 1062 [2d Dept 2021], the court dismissed the client’s legal malpractice action because her deposition testimony in the underlying case was contrary to her opposition to the law firm’s motion for Read More »
Caveat Emptor: “All Houses Wherein Men Have Lived and Died Are Haunted Houses.”
The buyer of a Brooklyn building sued the seller for fraud and breach of contract after the closing of title. The buyer made several claims against the seller, including that the roof was leaking, it wasn’t new, and the construction Read More »
Non-arbitrable issue inextricably intertwined with an arbitrable issue
The First Department, in Protostorm, Inc. v Foley & Lardner LLP, 193 AD3d 486, 487 [1st Dept 2021], held that a non-arbitrable issue can be decided in an arbitration when the issue is inextricably intertwined with the arbitrable issue. The court Read More »
Continuous Representation Doctrine
Lavelle-Tomko v Aswad & Ingraham, 191 AD3d 1142 [3d Dept 2021] discusses the continuous representation doctrine, holding: “An action to recover damages arising from legal malpractice must be commenced within three years after accrual” (Zorn v. Gilbert, 8 N.Y.3d 933, 933–934, 834 N.Y.S.2d Read More »
Establishing a cause of action under Judiciary Law Section 487 can be difficult.
Establishing a cause of action under Judiciary Law Section 487 can be difficult. In Long Is. Med. Anesthesiology, P.C. v Rosenberg Fortuna & Laitman, LLP, 191 AD3d 864 [2d Dept 2021], the court dismissed the cause of action, holding: An attorney Read More »
