Accounting Malpractice Claim Dismissed for Failure Adequately to Allege Causation

Accounting Malpractice Claim Dismissed for Failure Adequately to Allege Causation

On November 18, 2022, Justice Cohen issued a decision in Channel Fabrics, Inc. v. Skwiersky, Alpert & Bressler LLP, 2022 NY Slip Op. 33991(U), dismissing an accounting malpractice claims because, among other reasons, the plaintiff failed adequately to allege causation . . . Continue reading Accounting Malpractice Claim Dismissed for Failure Adequately to Allege Causation

Breach of Fiduciary Duty Claim Relating to Escrow Account not Duplicative of Legal Malpractice Claim

Breach of Fiduciary Duty Claim Relating to Escrow Account not Duplicative of Legal Malpractice Claim

On November 9, 2022, the Second Department issued a decision in Zi Kuo Zhang v. Lau, 2022 NY Slip Op. 06287, holding that a breach of fiduciary duty claim relating to an escrow account was not duplicative of a legal malpractice claim . . . Continue reading Breach of Fiduciary Duty Claim Relating to Escrow Account not Duplicative of Legal Malpractice Claim

Breach of Contract Action Duplicative of Malpractice Action

Breach of Contract Action Duplicative of Malpractice Action

On September 6, 2022, Justice Knipel of the Kings County Commercial Division issued a decision in Trump Vil. Section 4, Inc. v. Lawless & Mangione Architects Engrs. LLP, 2022 NY Slip Op. 33159(U), holding that a breach of contract action was duplicative to a time-barred malpractice action . . . Continue reading Breach of Contract Action Duplicative of Malpractice Action

Legal Malpractice Claim Fails for Failure to Show How the Alleged Malpractice Injured Plaintiff

Legal Malpractice Claim Fails for Failure to Show How the Alleged Malpractice Injured Plaintiff

On August 2, 2022, the First Department issued a decision in Markov v. Barrows, 2022 NY Slip Op. 04780, holding that a legal malpractice claim failed because the plaintiff did not show how the defendants’ malpractice damaged the plaintiff . . . Continue reading Legal Malpractice Claim Fails for Failure to Show How the Alleged Malpractice Injured Plaintiff

Malpractice Claim Allowed to Go to Trial Based on Expert Opinion of Hypothetical Result of Attorney Inaction

Malpractice Claim Allowed to Go to Trial Based on Expert Opinion of Hypothetical Result of Attorney Inaction

On June 21, 2022, the First Department issued a decision in Scopia Windmill LP v Olshan Frome Wolosky LLP, 2022 NY Slip Op. 03996, allowing a legal malpractice claim to go to trial based on an expert’s opinion on the hypothetical result of counsel’s inaction . . . Continue reading Malpractice Claim Allowed to Go to Trial Based on Expert Opinion of Hypothetical Result of Attorney Inaction