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 »
Plaintiffs could not show that the continuous representation toll applied.
In Pace v Horowitz, 190 AD3d 619 [1st Dept 2021], the plaintiffs could not show that the continuous representation toll applied. It was held: The court correctly determined that plaintiffs failed to show that there is an issue of fact as Read More »
Court relied on an order as documentary evidence.
In Zeppieri v Vinson, 190 AD3d 1173 [3d Dept 2021], the court affirmed the dismissal of a legal malpractice action where the lower court relied on an order as documentary evidence. The court held: Plaintiff Thomas J. Zeppieri is the Chief Read More »
