In Kohler v Polsky, 219 AD3d 821 [2d Dept 2023], the court held that the law firm could not be held responsible for acts outside the scope of their retention, holding: Rule 1.2(c) of the Rules of Professional Conduct (22 NYCRR…
The court dealt with Judiciary Law Section 487.
In Catsiapis v Pardalis & Nohavicka, LLP, 2023 NY Slip Op 04185 [2d Dept Aug. 9, 2023], the court dealt with Judiciary Law Section 487, holding: An action to recover damages for legal malpractice must be commenced within three years of the accrual…
The defendant established, prima facie, that he was not a proximate cause of the plaintiff’s alleged damages.
In Casey v Exum, 2023 NY Slip Op 04106 [2d Dept Aug. 2, 2023], the court held that a client’s malpractice action was dismissed based on speculation, holding: A plaintiff in an action alleging legal malpractice must prove the defendant attorney’s failure to…
…plaintiff must show that he or she would have prevailed…
In 126 Main St., LLC v Kriegsman, 2023 NY Slip Op 03758 [2d Dept July 12, 2023], the court reversed the lower court’s order and dismissed the client’s action. The court held: “ ‘To state a cause of action to recover…
Independent causes of action for sanctions?
“New York does not recognize independent causes of action for sanctions under 22 NYCRR 130–1.1 or CPLR 8303–a (see 360 W. 11th LLC v. ACG Credit Co. II, LLC, 90 A.D.3d 552, 554, 935 N.Y.S.2d 289 [1st Dept. 2011]; Cerciello v. Admiral Ins.…
