“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.…
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…
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…
Plaintiff having to prove an attorney-client relationship
In Mid City Elec. Corp. v Peckar & Abramson, 214 AD3d 646, 648 [2d Dept 2023], the court dealt with the issue as to a plaintiff having to prove an attorney-client relationship, holding: To recover damages for legal malpractice, a plaintiff must prove,…
Statute of limitations began to run when the client demanded and received her file.
In Fraumeni v Law Firm of Jonathan D’Agostino, P.C., 215 AD3d 803 [2d Dept 2023], the court held that the statute of limitations began to run when the client demanded and received her file from the lawyer’s office, holding: The statute…
