Monthly Archives: March 2015

Posted: March 27, 2015

Malpractice Defendants Seeking Summary Judgment Must Show that Plaintiff Cannot Prove its Claim

On March 18, 2015, the Second Department issued a decision in Smith v. Kaplan Belsky Ross Bartell, LLP, 2015 NY Slip Op. 02108, reversing a grant of summary judgment to lawyers accused of malpractice. in Smith, the plaintiffs brought an action for, among other things, legal malpractice against the defendants, alleging that they were damaged… Read more »

Posted: March 26, 2015

Second Circuit Affirms Sanction of Law Firm that Refused to Withdraw

On March 11, 2015, the Second Circuit issued a decision in Boies, Schiller & Flexner LLP v. Host Hotels & Resorts, Inc., 14-2949, affirming an EDNY decision sanctioning a law firm for refusing voluntarily to withdraw from representing a litigant despite “a clear conflict of interest” based on its “earlier, substantially related representation of” an… Read more »

Posted: March 25, 2015

Stipulation of Settlement Not Enforceable if Not Properly Memorialized

On March 18, 2015, the Second Department issued a decision in De Well Container Shipping Corp. v. Mingwei Guo, 2015 NY Slip Op. 02090, reversing a trial court order enforcing a settlement that was not fully memorialized. In De Well Container Shipping Corp., the parties entered into an agreement in principle to settle their disputes…. Read more »

Posted: March 24, 2015

Chief Administrative Judge Issues Report on Electronic Filing in New York

On March 16, 2015, Chief Administrative Judge Prudenti submitted a Report to the Legislature, the Governor and the Chief Judge of the State of New York on the Electronic Filing Program of the New York State Courts. The report discusses the current state of e-filing and plans for the future. It recommends–wisely, in our view–the… Read more »