In a decision reminding defendants of the standard on deciding motions to dismiss, the court in Jadidian v Drucker, 2019 NY Slip Op 03033 [2d Dept Apr. 24, 2019] held: On a motion to dismiss pursuant to CPLR 3211(a)(7), the Read More »
Critical to a legal malpractice action that the plaintiff prove the “ case within a case ”
It is critical to a legal malpractice action that the plaintiff prove the “ case within a case ” in order to sue an attorney. In Salans LLP v VBH Properties S.R.L., 2019 NY Slip Op 02611 [1st Dept Apr. Read More »
If there has been a demonstration that the attorney-client relationship in a matter ceased…
While the continuous representation doctrine can toll a time-barred cause of action for legal malpractice, if there has been a demonstration that the attorney-client relationship in a matter ceased, the time within which to bring such action will accrue then, Read More »
Client cannot prove damages occurred due to attorney’s malpractice
A legal malpractice action can be dismissed where the client cannot prove that damages occurred due to the attorney’s malpractice (what is commonly referred to as “but-for”). In Lisi v Lowenstein Sandler LLP, 2019 NY Slip Op 01665 [1st Dept Read More »
Be mindful of New York’s statute of limitations pertaining to legal malpractice actions
Soloway v Kane Kessler, PC, 168 AD3d 407 [1st Dept 2019] serves as a good reminder to be mindful of New York’s statute of limitations pertaining to legal malpractice actions. “ The court correctly found the complaint time-barred under CPLR Read More »
