Commercial Division Blog: Current Developments in the Commercial Divisions of the New York State Courts

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March 30, 2021 Accountant May Rely On Information Provided By Client That Does Not Appear to Be Incorrect, Incomplete or Inconsistent
On March 25, 2021, the First Department issued a decision in Deane v. Brodman, 2021 NY Slip Op. 0184… Read More
March 10, 2021 Counsel Hired to Bring Claim For Benefit of a Corporation Cannot Be Sued for Malpractice by the Person Who Engaged Them; the Claim Belongs to the Corporation
On February 26, 2021, Justice Ostrager of the New York County Commercial Division issued a decision … Read More
March 2, 2021 Loss of Patent Protection Caused by Client's Failure to Give its Counsel Correct Facts Cannot Be Basis for Malpractice Claim
On February 18, 2021, Justice Borrok of the New York County Commercial Division issued a decision in… Read More
February 1, 2021 Legal Malpractice Claim Not Saved by the Continuous Representation Doctrine
On January 26, 2021, the First Department issued a decision in Pace v. Horowitz, 2021 NY Slip Op. 00… Read More
January 20, 2021 Former Client Can Bring Breach of Contract as Well as Malpractice Claims Against Counsel
On January 7, 2021, the First Department issued a decision in Bison Capital Corp. v. Hunton & Wi… Read More
October 30, 2020 Malpractice Claim Against Appraiser Accrued When Plaintiff Ultimately Received Appraisal, Not on Earlier Date When Appraisal Was Given to Lender
On October 14, 2020, the Second Department issued a decision in ShareStates Invs., LLC v Creagh &… Read More
August 7, 2020 Court Refuses to Dismiss Legal Malpractice Claim Because of Questions of Fact Regarding Existence of Counsel's Engagement
On June 18, 2020, Justice Risi of the Queens County Commercial Division issued a decision in Matin v… Read More
July 22, 2020 Continuous Representation Doctrine Saves Legal Malpractice Action from Being Time-Barred
On July 15, 2020, the Second Department issued a decision in Keshner v. Hein Waters & Klein, 202… Read More
June 14, 2020 Zoning Consulting is not a Profession for Purposes of a Professional Malpractice Claim
On May 20, 2020, Justice Masley of the New York County Commercial Division issued a decision in 14 L… Read More
May 27, 2020 Lawyer Cannot Avoid Malpractice Claim By Arguing That Client Had Access to Sufficient Facts to Evaluate Legal Issue
On April 28, 2020, Justice Masley of the New York County Commercial Division issued a decision in Ha… Read More
May 22, 2020 Continuous Representation Doctrine Saves Malpractice Claim from Dismissal as Untimely
On May 2, 2020, Justice Masley of the New York County Commercial Division issued a decision in Rag &… Read More
May 21, 2020 Legal Malpractice Claim Dismissed for Failure to Allege Facts Showing That Defendants' Alleged Negligence Damaged Plaintiff
On April 29, 2020, the Second Department issued a decision in Kahlon v. DeSantis, 2020 NY Slip Op. 0… Read More
May 20, 2020 Questions of Fact Regarding Defendant's Negligence Precluded Summary Judgment on Legal Malpractice Claim
On April 29, 2020, the Second Department issued a decision in Blumencranz v. Botter, 2020 NY Slip Op… Read More
May 11, 2020 Client's Mistaken Opinion on Law No Defense to Malpractice Claim
On April 23, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Am… Read More
May 3, 2020 Legal Malpractice Claim Dismissed Based on the Attorney-Judgment Rule
On April 23, 2020, the First Department issued a decision in Lloyd's Syndicate 2987 v. Furman Kornfe… Read More
April 30, 2020 Legal Malpractice and Breach of Fiduciary Duty Claims Found Not Duplicative
On April 16, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Ha… Read More
March 31, 2020 Auto Loan Servicers are Not Professionals Subject to a Professional Malpractice Claim
On March 11, 2020, Justice Scarpulla of the New York County Commercial Division issued a decision in… Read More
March 13, 2020 Appointment of Separate Counsel Intervening Cause Defeating Malpractice Claim
On February 25, 2020, the First Department issued a decision in Binn v. Muchnick, Golieb & Golie… Read More
January 22, 2020 Architect Not Liable to Third-Party Not Known to it When Architectural Plans Created
On January 6, 2020, Justice Masley of the New York County Commercial Division issued a decision in T… Read More
November 17, 2019 Plaintiff Cannot Save Time-Barred Legal Malpractice Claims by Re-Characterizing Them as Fraud Claims
On November 4, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision … Read More

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