Where a defendant/law firm moves for dismissal of a legal malpractice action based upon documentary evidence, it must establish that the documents are a complete defense to the other action; otherwise, the motion will be denied and the action will Read More »
Alleged damages must be alleged with certainty
” …court emphasized that it isn’t enough to just allege damages, they must be alleged with certainty… “ In Heritage Partners LLC v Stroock & Stroock & Lavan LLP, 155 AD3d 561 [1st Dept 2017], the appellate court emphasized that it Read More »
Plaintiff must establish elements of proximate cause
In Verdi v Jacoby & Meyers, LLP, 154 AD3d 901 [2d Dept 2017], the court held: “ To establish a cause of action to recover damages for legal malpractice, a plaintiff must establish the elements of proximate cause and damages, Read More »
Plaintiff claimed attorney malpracticed with regard to a settlement
In Freeman v Brecher, 2017 NY Slip Op 07949 [1st Dept Nov. 14, 2017], the plaintiff claimed that the attorney malpracticed with regard to a settlement. In affirming the dismissal of the case, the appellate court held that, “Plaintiff’s claim for legal malpractice Read More »
If attorney regularly invoices client and client doesn’t object, then court assumes “ account stated. ”
When an attorney has billed a client for legal services rendered, the attorney will presumably send the client bill at regular intervals. If the attorney does regularly invoice the client and the client doesn’t object, then the court can assume Read More »
