In Urias v Daniel P. Buttafuoco & Assoc., PLLC, 2024 NY Slip Op 01497 [Ct App Mar. 19, 2024], the NYS Court of Appeals dealt with Judiciary Law Section 487, holding that: [Defendant/Attorney] contends that “[Plaintiff/Client] was relegated to bringing…
In New York, violations of the Rules of Professional Conduct, do not, absent more, provide a basis for a legal malpractice claim
In Sebco Dev., Inc.; 178TH STREET HOUSING DEVELOPMENT FUND COMPANY, INC.; 479 COURTLANDT AVENUE HOUSING DEVELOPMENT FUND CORPORATION; CROTONA PARTNERS L.P.; ERMA CAVA HOUSING DEVELOPMENT FUND COMPANY, INC.; E.C. HOUSING DEVELOPMENT FUND COMPANY, INC.; FILOMENA GARDENS HOUSING DEVELOPMENT FUND COMPANY, INC.;…
Court modified lower court’s ruling on summary judgment
In McGlynn v Burns & Harris, 223 AD3d 733 [2d Dept 2024], the court modified the lower court’s ruling on summary judgment, holding: A plaintiff seeking to recover damages for legal malpractice must establish that “(1) the attorney failed to exercise the ordinary…
Court granted the lawyer’s counterclaim for fees
In Lang v DiPaolo, 222 AD3d 856 [2d Dept 2023], the court not only upheld the dismissal of the client’s malpractice case but also granted the lawyer’s counterclaim for fees, holding: A plaintiff seeking to recover damages for legal malpractice must prove that…
The court affirmed the motion to dismiss the client’s claims.
In Guliyev v Banilov & Assoc., P.C., 221 AD3d 589, 590-91 [2d Dept 2023], the court affirmed the motion to dismiss the client’s claims, holding: “On a motion to dismiss pursuant to CPLR 3211 (a) (7), the complaint must be afforded…
