In Hagans v Dell, 213 AD3d 812, 813-14 [2d Dept 2023], the court affirmed the order denying summary judgment to the attorney, holding: Dell contends that he is immunized from individual liability under Partnership Law § 26 (b). “Partnership Law § 26 (b) . . Read More »
Court dealt with the issue re strategic decisions taken by the attorney
In RTW Retailwinds, Inc. v Colucci & Umans, 213 AD3d 509, 510 [1st Dept 2023], the court dealt with the issue re strategic decisions taken by the attorney. The court held: To establish a cause of action for legal malpractice, plaintiff must show Read More »
Who’s to Say Who’s an Expert? …Expert witness cannot usurp the role of the judge…
The nursing home resident needed to be transported by ambulette to her medical appointment. Being that the resident was wheelchair-bound, she was to be accompanied to the appointment by her nurse’s aide. The ambulette driver met them inside the nursing facility, Read More »
Extension of time to respond to discovery demands
C Castle Group Corp. v Herzfeld & Rubin, P.C., 211 AD3d 1006, 1007 [2d Dept 2022] serves as a good reminder to ask for an extension of time to respond to discovery demands, such as a notice to admit in Read More »
Harm caused by professional negligence
In Betz v Blatt, 211 AD3d 1004 [2d Dept 2022], the court held: Although an attorney representing the executor of an estate, generally, is not liable to the beneficiaries of the estate (see Kramer v. Belfi, 106 A.D.2d 615, 616, 482 N.Y.S.2d 898), Read More »
