On December 8, 2023, Justice Knipel of the Kings County Commercial Division issued a decision in Mawere v. Landau, 2023 NY Slip Op. 34446(U), holding that the law of the case barred a legal malpractice claim . . . Continue reading Law of the Case Barred Malpractice Claim
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
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
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
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
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
