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 Read More »
…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 Read More »
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. Read More »
The statements in the complaint must be “sufficiently particular…”
In Buchanan v Law Offices of Sheldon E. Green, P.C., 215 AD3d 793, 795 [2d Dept 2023], the court held: “To state a cause of action to recover damages for legal malpractice, a plaintiff must allege: (1) that the attorney failed to exercise Read More »
The court dealt with the claim of attorney’s deceit.
In Philip S. Schwartzman, Inc. v Pliskin, Rubano, Baum & Vitulli, 215 AD3d 699, 702 [2d Dept 2023], the court dealt with the claim of attorney’s deceit, holding, opining: “Under Judiciary Law § 487(1), an attorney who ‘[i]s guilty of any deceit or Read More »
