Question of Fact on Whether it Was Client’s Negligence or Counsel’s That Caused Client’s Loss Precluded Summary Judgment

Question of Fact on Whether it Was Client’s Negligence or Counsel’s That Caused Client’s Loss Precluded Summary Judgment

On September 6, 2024, Justice Chan of the New York County Commercial Division issued a decision in FTF Lending, LLC v. Mavrides, Moyal, Packman & Sadkin, LLP, 2024 NY Slip Op 33115(U), holding that despite counsel’s negligence, a client was not entitled to summary judgment on its legal malpractice claim because of questions of fact regarding whether it was the client’s negligence that was the proximate cause of its loss . . . Continue reading Question of Fact on Whether it Was Client’s Negligence or Counsel’s That Caused Client’s Loss Precluded Summary Judgment

Malpractice Claim Based on Conflict of Interest Accrues on Date of Conflict

Malpractice Claim Based on Conflict of Interest Accrues on Date of Conflict

On April 1, 2024, Justice Masley of the New York County Commercial Division issued a decision in Mandour v. Rafalsky, 2024 NY Slip Op. 31086(U), holding that a legal malpractice claim based on a conflict of interest accrues on the date the attorney should have disclosed the conflict but failed to do so . . . Continue reading Malpractice Claim Based on Conflict of Interest Accrues on Date of Conflict

Accounting Malpractice Claim Based on Failure to Discover Client’s Not Defeated by Fact that Accountant Was Not Engaged to Perform an Audit

Accounting Malpractice Claim Based on Failure to Discover Client’s Not Defeated by Fact that Accountant Was Not Engaged to Perform an Audit

On April 4, 2024, the First Department issued a decision in 1650 Broadway Assoc., Inc. v Sturm, 2024 NY Slip Op. 01864, holding that an accounting malpractice claim based on a failure to discover a client’s fraud was not defeated by the fact that the accountant was not engaged to perform an audit . . . Continue reading Accounting Malpractice Claim Based on Failure to Discover Client’s Not Defeated by Fact that Accountant Was Not Engaged to Perform an Audit

Accounting Malpractice Claim Fails Because of Limited Scope of Accountants’ Engagement

Accounting Malpractice Claim Fails Because of Limited Scope of Accountants’ Engagement

On December 19, 2023, the First Department issued a decision in Channel Fabrics, Inc. v. Skwiersky, Alpert & Bressler LLP, 2023 NY Slip Op. 06471, holding that an accounting malpractice claim failed because of the limited scope of the accountants’ engagement . . . Continue reading Accounting Malpractice Claim Fails Because of Limited Scope of Accountants’ Engagement

Legal Malpractice Claim Dismissed for Failure Adequately to Allege Proximate Cause

Legal Malpractice Claim Dismissed for Failure Adequately to Allege Proximate Cause

On December 6, 2023, the Second Department issued a decision in May Dock Lane, LLC v. Harras Bloom & Archer, LLP, 2023 NY Slip Op. 06244, holding that a legal malpractice claim should have been dismissed for failure to, among other things, adequately allege proximate cause . . . Continue reading Legal Malpractice Claim Dismissed for Failure Adequately to Allege Proximate Cause

Malpractice Claim Based on Attorneys’ Misconduct that Injured Plaintiff Upheld at Pleading Stage

Malpractice Claim Based on Attorneys’ Misconduct that Injured Plaintiff Upheld at Pleading Stage

On September 28, 2023, Justice Boddie of the Kings County Commercial Division issued a decision in Hager v Inner Circle Logistics, Inc., 2023 NY Slip Op. 33395(U), upholding a legal malpractice claim at the pleading stage based on attorneys’ misconduct that injured plaintiff . . . Continue reading Malpractice Claim Based on Attorneys’ Misconduct that Injured Plaintiff Upheld at Pleading Stage

Legal Malpractice Claim Fails for Lack of Evidence of Causation

Legal Malpractice Claim Fails for Lack of Evidence of Causation

On September 14, 2023, Justice Schecter of the New York County Commercial Division issued a decision in Marconi v. Gates Capital Corp., 2023 NY Slip Op. 33197(U), dismissing a legal malpractice claim on summary judgment for lack of facts showing that the defendants’ alleged malpractice damaged the plaintiff . . . Continue reading Legal Malpractice Claim Fails for Lack of Evidence of Causation