Serafini Releasing LLC v Gray 2024 NY Slip Op 30863(U) March 13, 2024Supreme Court, New York County Docket Number: Index No. 655579/2021Judge: Melissa A. Crane is that rare New York legal malpractice case arising out of the making of a film. Here, Plaintiff has several scenarios at play against the attorney and, in the last
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A Bad Faith and Legal Malpractice Case Avoids Dismissal
The now bankrupt defendant in a personal injury case is suing her insurance carrier and her defense attorney after they failed to settle the case once summary judgment had been awarded to the injured party in Pergament v Government Empls. Ins. Co. (“GEICO”) 2024 NY Slip Op 01568 Decided on March 20, 2024 Appellate Division,…
An Enormous Real Estate Legal Malpractice Case Almost Entirely Dismissed
Sebco Dev., Inc. v Siegel & Reiner, LLP 2024 NY Slip Op 50292(U) Decided on March 20, 2024 Supreme Court, Bronx County Gomez, J. is the kind of legal malpractice case that comes up often enough to support the idea that real estate in NYC is a paramount, driving economic force, and that the extensive…
The New York Court Of Appeals Renders A Major Judiciary Law 487 Opinion
The Court of Appeals addresses Judiciary Law 487 questions infrequently, and each of its decisions tends to be broadly transformative. Urias v Daniel P. Buttafuoco & Assoc., PLLC 2024 NY Slip Op 01497 Decided on March 19, 2024 Court of Appeals Halligan, J. is no exception. It harmonizes and simplifies one of the major embellishments…
What Happens in Texas Stays in Texas
Musial v Donohue 2024 NY Slip Op 01414 Decided on March 15, 2024 Appellate Division, Fourth Department is a law school example of the territorial effect of jurisdiction and due process. A Texas law firm prosecutes a Texas motor vehicle accident in Texas, and is not subject to a New York legal malpractice case for…
Judiciary Law 487 Not Well Suited to Attorney Fee Claims
Salus v Berke 2023 NY Slip Op 06183 [221 AD3d 1390] November 30, 2023 Appellate Division, Third Department is a case in which Plaintiff claims that the lawfirm took a fee on a recovery for which there should have been no fee. It made a Judiciary Law 487 claim which was dismissed. This case is…
A Common Personal Injury/Worker’s Compensation Problem
Plaintiffs who are injured on the job have two courses of action. They can claim Worker’s Compensation damages and they can also claim that a third-party is responsible for the injury. While the plaintiff may have to obtain WC permission to settle the third-party claim, and while the WC carrier may be able to claw…
One Last Try
Colucci v Rzepka 2024 NY Slip Op 01232 Decided on March 7, 2024 Appellate Division, Third Department is Plaintiff’s last try to avoid dismissal. The AD simply finds that this appeal (probably from the final judgment) raises no new issues that were not already raised in the appeal from the summary judgment order.
“The underlying…
Settlements, Cash Advances and a Breach of Fiduciary Duty Claim
It is a little difficult to understand the claims in Peterec-Tolino v Ciacci2024 NY Slip Op 01259 Decided on March 07, 2024 Appellate Division, First Department. The legal representation was in a personal injury setting, with a workers’ compensation component as well. Plaintiff was able to settle two personal injury cases, and got a…
The All Important Accounting Retainer Agreement
Channel Fabrics, Inc. v Skwiersky, Alpert & Bressler LLP 2023 NY Slip Op 06471 [222 AD3d 512] December 19, 2023 Appellate Division, First Department illustrates the varying levels of service that accountants provide, and how the all important accountant’s retainer agreement can limit liability.”
“To state a claim for accountant malpractice, a complaint must allege…