In an action involving Judiciary Law Section 487, the court considered the issue as to what type of matter fits into the definition in the statute, holding: Contrary to the defendants’ contention, the cause of action alleging a violation of Read More »
A party must be mindful of the applicable statute of limitations
When bringing an action, a party must be mindful of the applicable statute of limitations. Recently, the Second Department in King Tower Realty Corp. v G & G Funding Corp., 163 AD3d 541, 543 [2d Dept 2018] held: “ ‘ On a Read More »
On a motion pursuant to CPLR 3211(a)(7) to dismiss for failure to state a cause of action…
In Garcia v Polsky, Shouldice & Rosen, P.C., 161 AD3d 828 [2d Dept 2018], the Second Department held that the law firm’s motion to dismiss its former client’s lawsuit for legal malpractice was properly denied by the Supreme Court. ” …On Read More »
With limited exceptions, party seeking to sue an attorney for legal malpractice must prove he was a client.
With very limited exceptions, a party seeking to sue an attorney for legal malpractice must prove that he was the client of the attorney. In Barrett v Goldstein, 161 AD3d 472, 473 [1st Dept 2018], the court dismissed the case, Read More »
…Applicable to the particular matter in which malpractice is claimed
The statute of limitations in legal malpractice cases can be tolled when there has been continuous representation of the client by the attorney. However, it is applicable only to the particular matter in which malpractice is claimed. See, Davis v Cohen Read More »
