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Court granted the lawyer’s counterclaim for fees

Posted on February 1, 2024 by Richard Klass

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 Read More »

Posted in Legal Malpractice, Litigation, Motion to Dismiss, New York

The court affirmed the motion to dismiss the client’s claims.

Posted on January 23, 2024 by Richard Klass

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 Read More »

Posted in Legal Malpractice, Litigation, Motion to Dismiss, New York

On a motion to dismiss a complaint pursuant to CPLR 3211(a)(7)…

Posted on December 19, 2023 by Richard Klass

In Alexim Holdings, LLC v McAuliffe, 2023 NY Slip Op 05581 [2d Dept Nov. 8, 2023], the court affirmed the dismissal of a client’s legal malpractice case, holding: On a motion to dismiss a complaint pursuant to CPLR 3211(a)(7) for failure Read More »

Posted in Cause of Action, Damages, Fiduciary Duty, Legal Malpractice, Litigation, Motion to Dismiss, New York

Court dealt with Judiciary Law Section 487.

Posted on December 8, 2023 by Richard Klass

In Guliyev v Banilov & Assoc., P.C., 198 NYS3d 400, 402-03 [2d Dept 2023], the court dealt with Judiciary Law Section 487. The court held: “On a motion to dismiss pursuant to CPLR 3211(a)(7), the complaint must be afforded a liberal Read More »

Posted in Cause of Action, Concealment, Legal Malpractice, Litigation, New York, Punitive Damages

Court should have accepted the plaintiff’s allegations in the complaint as true.

Posted on November 2, 2023 by Richard Klass

In Garanin v Hiatt, 219 AD3d 958, 959 [2d Dept 2023], the court held that the law firm’s motion to dismiss should have been denied since the court should have accepted the plaintiff’s allegations in the complaint as true. The court Read More »

Posted in Affidavit of Service, Default, Litigation, Motion to Dismiss, New York, Service of Process
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