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 »
[Her] deposition testimony in the underlying case was contrary to her opposition to the law firm’s motion for summary judgment.
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 »
