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

Claim for Professional Negligence Against Engineer Accrues When Client Receives Work Product

Claim for Professional Negligence Against Engineer Accrues When Client Receives Work Product

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

Legal Malpractice Claim Dismissed for Failure to Show That Counsel’s Negligence Caused the Client’s Loss

Legal Malpractice Claim Dismissed for Failure to Show That Counsel’s Negligence Caused the Client’s Loss

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

Continuous Representation Doctrine Does Not Toll Malpractice Claim When Continued Representation Unrelated to Alleged Malpractice

Continuous Representation Doctrine Does Not Toll Malpractice Claim When Continued Representation Unrelated to Alleged Malpractice

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