In 1934 Bedford, LLC v Gutman Weiss, P.C., 2023 NY Slip Op 04558 [2d Dept Sept. 13, 2023], the court held that the client’s complaint could not be amended where the proposed amendment was “palpably insufficient or patently without merit,” holding: Read More »
Acts outside the scope of retention
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 Read More »
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 Read More »
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 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 »
