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
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
On June 30, 2022, Justice Chan of the New York County Commercial Division issued a decision in Cassaforte Ltd. v. Pourtavoosi, 2022 NY Slip Op. 32063(U), dismissing a cause of action for breach of the rules of professional conduct . . . Continue reading No Cause of Action for Breach of the Rules of Professional Conduct
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
On May 25, 2022, Justice Gomez of the Bronx County Commercial Division issued a decision in Escabi v. Twins Contr., LLC, 2022 NY Slip Op. 50423(U), granting summary judgment dismissing a claim for architectural malpractice for failure to present expert evidence establishing malpractice . . . Continue reading Architectural Malpractice Claim Dismissed for Lack of Expert Opinion
On May 19, 2022, the First Department issued a decision in Pope Invs. II LLC v. Belmont Partners, LLC, 2022 NY Slip Op. 03334, holding that investment bankers could be liable for professional malpractice . . . Continue reading Investment Bankers Can by Liable for Professional Malpractice
On April 26, 2022, Justice Platkin of the Albany County Commercial Division issued a decision in New York State Thruway Auth. v. CHA Consulting, Inc., 2022 NY Slip Op. 50330(U), holding that a claim for professional malpractice against an engineer accrues when the client receives the engineer’s work product . . . Continue reading Claim for Professional Negligence Against Engineer Accrues When Client Receives Work Product
On March 2, 2022, the Second Department issued a decision in Ripa v. Petrosyants, 2022 NY Slip Op. 01336, holding that a written engagement letter is not required to create an attorney-client relationship . . . Continue reading Written Engagement Letter Not Required to Create Attorney-Client Relationship
On December 8, 2021, the Second Department issued a decision in Rudovic v. Law Off. of Timothy A. Green, 2021 NY Slip Op. 06873, affirming the dismissal of a legal malpractice claim for failing to show how counsel’s negligence caused the client’s losses . . . Continue reading Legal Malpractice Claim Dismissed for Failure to Show That Counsel’s Negligence Caused the Client’s Loss
On November 3, 2021, the Second Department issued a decision in Goodman v. Weiss, Zarett, Brofman, Sonnenklar & Levy, P.C., 2021 NY Slip Op. 05957, holding that the continuous representation doctrine did not toll a legal malpractice claim when the continued representation was unrelated to the alleged malpractice . . . Continue reading Continuous Representation Doctrine Does Not Toll Malpractice Claim When Continued Representation Unrelated to Alleged Malpractice
