In Miami Capital, LLC v Hurwitz, 101 NYS3d 598 [1st Dept 2019], the court determined that the client’s legal malpractice case could not proceed since the damages claim was speculative, holding: Defendant’s motion was properly granted because while plaintiff anticipates that Read More »
Court denied the law firm’s motion to dismiss
In Jadidian v Drucker, 171 AD3d 1146, 1147-48 [2d Dept 2019], the court denied the law firm’s motion to dismiss the complaint, holding: On a motion to dismiss pursuant to CPLR 3211(a)(7), the court must afford the pleading a liberal construction, Read More »
Duplicative causes of action against an attorney
When a client alleges duplicative causes of action against an attorney based upon different theories of liability, the court can dismiss those duplicative causes of action. “ To state a claim for breach of fiduciary duty, a plaintiff must allege Read More »
…Court held that collateral estoppel (issue preclusion) barred a legal malpractice action
In Sang Seok Na v Schietroma, 2019 NY Slip Op 04017 [2d Dept May 22, 2019], court held that collateral estoppel (issue preclusion) barred a legal malpractice action, holding: A plaintiff in an action alleging legal malpractice must prove that the defendant attorney’s Read More »
It is important for a retainer agreement…
It is important for a retainer agreement to set forth the tasks that the attorney will perform on behalf of the client, as well as those which are outside of the tasks to be performed. This was emphasized in the Read More »
