On July 29, 2024, Justice Borrok of the New York County Commercial Division issued a decision in Peck v. Milbank LLP, 2024 NY Slip Op. 32596(U), holding that the judicial proceedings privilege did not bar a Judiciary Law Section 487 claim . . . Continue reading Judicial Proceedings Privilege Does Not Bar Judiciary Law Section 487 Claim
On May 3, 2024, the Fourth Department issued a decision in Consumers Beverages, Inc. v. Kavcon Dev. LLC, 2024 NY Slip Op. 02397, holding that a motion to disqualify counsel failed because of an insufficient connection between the matters in which counsel was engaged . . . Continue reading Motion to Disqualify Denied Due to Lack of Relationship Between Matters in Which Counsel was Engaged
On March 19, 2024, the Court of Appeals issued a decision in Urias v. Daniel P. Buttafuoco & Assoc., PLLC, 2024 NY Slip Op. 01497, holding that a Judiciary Law Section 487 claim may be brough in a plenary action . . . Continue reading Section 487 Claim May be Brought in a Plenary Action
On February 15, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Zomongo.TV USA Inc. v. Capital Advance Servs., LLC, 2024 NY Slip Op. 30508(U), refusing to disqualify counsel because of insufficient similarity of past and current engagements . . . Continue reading Court Refuses to Disqualify Counsel Because of Insufficient Similarity of Past and Current Engagements
On October 3, 2023, Justice Crane of the New York County Commercial Division issued a decision in Seymour v. Hovnanian, 2023 NY Slip Op. 33433(U), holding that the Judiciary Law does not entitle an attorney suing to enforce a charging lien to fees . . . Continue reading Judiciary Law Does Not Entitle Attorney Suing to Enforce a Charging Lien to Fees
On July 26, 2023, the Second Department issued a decision in Kingston Check Cashing Corp. v. Nussbaum Yates Berg Klein & Wolpow, LLP, 2023 NY Slip Op. 03913, holding that the attorney-witness rule applies only when counsel’s testimony is necessary, not just useful, to the moving party’s case . . . Continue reading Attorney-Witness Rule Applies Only if Counsel’s Testimony is Necessary, Not Just Useful, to the Moving Party’s Case
On June 7, 2023, Justice Cohen of the New York County Commercial Division issued a decision in Downtown Special Situations Holdings, LLC v. Mills Dental-Downtown Brooklyn, PLLC, 2023 NY Slip Op. 31930(U), defaulting a limited liability company for failure to appear through counsel . . . Continue reading LLC Defaulted for Failure to Appear by Counsel
On April 17, 2023, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Joseph v. Rassi, 2023 NY Slip Op. 31261(U), holding that in-house counsel that has not appeared in an action cannot be the subject of a motion for disqualification . . . Continue reading In-House Counsel That Has Not Appeared in an Action Cannot be the Subject of a Motion for Disqualification
On April 5, 2023, the Second Department issued a decision in Philip S. Schwartzman, Inc. v. Pliskin, Rubano, Baum & Vitulli, 2023 NY Slip Op. 01812, affirming the dismissal of a Judiciary Law Section 487 claim for lack of loss causation . . . Continue reading Judiciary Law 487 Claim Fails for Lack of Loss Causation
On January 5, 2023, Justice Reed of the New York County Commercial Division issued a decision in Ankura Trust Co., LLC v. A & L 444 LLC, 2023 NY Slip Op. 50014(U), granting a motion to withdraw as counsel based on non-payment of fees . . . Continue reading Court Grants Motion to Withdraw Based on Failure to Pay Fees
