On September 13, 2023, the Second Department issued a decision in 1934 Bedford, LLC v. Gutman Weiss, P.C., 2023 NY Slip Op. 04558, holding that a legal malpractice claim failed for lack of allegation of but-for causation . . . Continue reading Legal Malpractice Claim Fails for Lack of Allegation of But-For Causation
On August 9, 2023, Justice Borrok of the New York County Commercial Division issued a decision in NFGTV, Inc. v. Lutz & Carr Certified Pub. Accountants, LLP, 2023 NY Slip Op. 50849(U), granting summary judgement on an accounting malpractice claim without expert evidence based on the defendant’s prior conduct . . . Continue reading Court Grants Judgment on Malpractice Claim Without Expert Evidence Based on Defendant’s Prior Conduct
On May 31, 2023, the Second Department issued a decision in Floral Park Ophthalmology, P.C. v. Ruskin Moscou Faltischek, LLP, 2023 NY Slip Op. 02863, holding that a legal malpractice claim failed for lack of facts showing that the alleged malpractice caused the plaintiff’s loss . . . Continue reading Legal Malpractice Claim Fails for Lack of Facts Showing That Alleged Malpractice Caused the Plaintiff’s Loss
On May 2, 2023, Justice Chan of the New York County Commercial Division issued a decision in Prospect Capital Corp. v. Morgan Lewis & Bockius LLP, 2023 NY Slip Op. 31505(U), holding that a plaintiff allegedly read a negligently drafted agreement does not bar a malpractice claim regarding the agreement . . . Continue reading That Plaintiff Read an Allegedly Negligently Drafted Agreement Does Not Bar a Legal Malpractice Claim
On March 30, 2023, the First Department issued a decision in Mazzone v. Alonso, Andalkar & Facher, P.C., 2023 NY Slip Op. 01746, holding that a legal malpractice claim could not be decided on summary judgment because of questions of causation . . . Continue reading Legal Malpractice Claim Must Go to Trial because of Questions Regarding Causation
On December 20, 2022, Justice Chan of the New York County Commercial Division issued a decision in Gad v. Kramer Levin Naftalis & Frankel, LLP, 2022 NY Slip Op. 34357(U), dismissing a legal malpractice claim for failure adequately to allege causation . . . Continue reading Legal Malpractice Claim Fails for Insufficient Allegations of 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
On November 16, 2022, Justice Borrok of the New York County Commercial Division issued a decision in CBH Med., P.C. v. Merit Sys., LLC, 2022 NY Slip Op. 33868(U), holding that project managers cannot be subject to a professional malpractice claim . . . Continue reading Project Managers Cannot be Subject of Professional 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
On October 7, 2022, Justice Borrok of the New York County Commercial Division issued a decision in CBH Med., PC v. Merit Sys., LLC, 2022 NY Slip Op. 22325, holding that project managers are not subject to malpractice claims . . . Continue reading Project Managers Not Subject to Professional Malpractice Claims
