Blogs

Posts Categorized: Professional Malpractice

Posted: 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 Halperin v. Van Dam, 2020 NY Slip Op. 31301(U), holding that a lawyer cannot avoid a malpractice claim by arguing that the client had access to sufficient facts to evaluate a legal issue, explaining: To sustain a cause... Read more »

Posted: 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 & Bone Holdings LLC v. Hand Baldachin & Assoc. LLP, 2020 NY Slip Op. 31149(U), holding that the continuous representation doctrine saved a legal malpractice claim from dismissal, explaining: Defendants contend that the legal malpractice claim must... Read more »

Posted: 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. 02464, holding that a legal malpractice claim was properly dismissed because of the plaintiff’s failure to allege facts showing that the defendants’ alleged negligence damaged the plaintiff, explaining: To state a cause of action to recover damages... Read more »

Posted: 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. 02452, holding that questions of fact regarding the defendant’s negligence precluded summary judgment on a legal malpractice claim, explaining: The plaintiff commenced this action alleging, inter alia, that the defendant committed legal malpractice in the prosecution of... Read more »

Posted: 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 Kornfeld & Brennan, LLP, 2020 NY Slip Op. 02365, holding that the attorney-judgment rule required dismissal of a legal malpractice claim, explaining: In this legal malpractice action, plaintiffs allege that they sustained damages when they relied on defendants’ negligent... Read more »

Posted: 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 Harpia Asset Mgt. LLC v. Shanbaum, 2020 NY Slip Op. 30953(U), holding that the plaintiff’s breach of fiduciary duty and legal malpractice claims were not duplicative, explaining: The Shanbaum Defendants argue that the breach of fiduciary duty claim... Read more »

Posted: 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 Condor Capital Corp. v. CALS Invs., LLC, 2020 NY Slip Op. 30765(U), holding that auto loan servicers are not professionals subject to professional malpractice claims, explaining: Condor Capital’s cause of action for professional malpractice alleges that First Associates... Read more »

Posted: 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 & Golieb, P.C., 2020 NY Slip Op. 01302, holding that the appointment of separate counsel was an intervening cause, cutting off a malpractice claim, explaining: Plaintiffs allege that their long-time attorneys, defendants John Golieb, Esq. and Muchnick, Golieb & Golieb,... Read more »

Posted: 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 Tutor Perini Bldg. Corp. v. Port Auth. of N.Y. & N.J., 2020 NY Slip Op. 30045(U), holding that an architect could not be held liable to a third-party not known to it when the architectural plans were created,... Read more »