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
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. 33365(U), holding that project managers are not subject to claims for professional malpractice . . . Continue reading Project Managers Not Subject to Claims for Professional Malpractice
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
