You searched for: "Professional Malpractice"
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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
October 23, 2019
Court Analyzes Adverse Interest Exception to in Pari Delicto Defense
On October 10, 2019, the First Department issued a decision in Conway v. Marcum & Kliegman LLP, … Read More
August 24, 2019
Malpractice Claim Partially Barred by In Pari Delicto Defense
On August 21, 2019, the Second Department issued a decision in Gobindram v. Ruskin Moscou Faltischek… Read More
August 5, 2019
Malpractice Claim Dismissed as Premature Because the Harm Arising from the Alleged Malpractice Has Not Yet Occurred
On July 19, 2019, Justice Sherwood of the New York County Commercial Division issued a decision in Y… Read More
July 15, 2019
Fraud Claims Not Duplicative of Malpractice Claims
On June 27, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision in … Read More
July 12, 2019
Legal Malpractice Claim Fails Without Allegations of Damages
On July 2, 2019, the First Department issued a decision in Miami Capital, LLC v. Hurwitz, 2019 NY Sl… Read More
June 14, 2019
Continuous Representation Doctrine Allegations Insufficient to Save Professional Malpractice Claims
On June 3, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision in B… Read More
June 6, 2019
Arbitration Clause in Law Firm Engagement Letter Covers Dispute With Client Arising After Engagement Ended
On May 23, 2019, Justice Cohen of the New York County Commercial Division issued a decision in Guo W… Read More
March 26, 2019
Court Denies Motion to Dismiss Malpractice Claim Relating to Settlement Despite Plaintiff's Allocution to the Settlement Terms
On March 7, 2019, Justice Borrok of the New York County Commercial Division issued a decision in Ro… Read More
December 14, 2018
Break in Representation Bars Attempt to Toll Statute of Limitations Under Continuous Representation Doctrine
On November 27, 2018, Justice Bransten of the New York County Commercial Division issued a decision … Read More
November 7, 2018
Legal Malpractice Claim Properly Dismissed as Time-Barred
On October 30, 2018, the First Department issued a decision in Brean Murray, Carret & Co. v. Mor… Read More
October 15, 2018
When Accounting Firm Agreed to Respond to Audit Letter, Continuous Representation Doctrine Preserved Professional Malpractice Claims Relating to Original Return
On October 2, 2018, the First Department issued a decision in Lemle v. Regen, Benz & MacKenzie,… Read More
October 10, 2018
Shareholder Has Standing to Sue Corporation's Counsel for Malpractice
On September 20, 2018, Justice Sherwood of the New York County Commercial Division issued a decision… Read More
September 4, 2018
Documents Submitted by Law Firm to Show Lack of Relationship Not Documentary Evidence Sufficient to Justify Dismissal
On August 22, 2018, The Second Department issued a decision in First Choice Plumbing Corp. v. Miller… Read More
August 15, 2018
Court Rules That Expert Testimony in Legal Malpractice Action is Unnecessary Given Issues in Dispute
On August 1, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in … Read More
April 17, 2018
Continuous Representation Doctrine Applies Only to Representations Specifically Related to the Malpractice Claim
On April 12, 2018, the First Department issued a decision in Davis v. Cohen & Gresser, LLP, 2018 NY … Read More
February 15, 2018
Professional Malpractice Claims Time-Barred
On February 1, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision … Read More
January 12, 2018
Malpractice Claims Barred by Collateral Estoppel Based on Earlier Action Against Co-Counsel
On January 11, 2018, the First Department issued a decision in Guidance Endodontics, LLC v. Olshan G… Read More
January 10, 2018
Question of Fact Regarding Plaintiff's Constructive Notice of Misrepresentation Precluded Dismissal
On January 9, 2018, the First Department issued a decision in Macquarie Capital (USA) Inc. v. Morris… Read More
January 5, 2018
Fiduciary Duty Claim Against Former Counsel Based on Conflict Timely Even Though Malpractice Claim Untimely
On December 28, 2017, the First Department issued a decision in Palmeri v. Willkie Farr & Gallagher … Read More
December 31, 2017
Investment Advisors Are Not Professionals That Can be the Subject of a Professional Malpractice Claim
On December 18, 2017, Justice Kornreich of the New York County Commercial Division issued a decision… Read More
November 22, 2017
Mere Error in Judgment Cannot Be Basis for Malpractice Claim
On November 14, 2017, the First Department issued a decision in Smith, Gambrell & Russell, LLP v. Te… Read More
November 21, 2017
Expert Testimony Required to Support Claim for Architectural Malpractice
On November 15, 2017, the Second Department issued a decision in Herman v. Franke, Gottsegen, Cox Ar… Read More
October 25, 2017
Malpractice Claim Untimely Based on Out-of-State Limitations Period Under Borrowing Statute
On October 17, 2017, the First Department issued a decision in Centre Lane Partners, LLC v. Skadden,… Read More
October 21, 2017
Court Allows Malpractice Claim Against Firm for Failure to Supervise Partner Go Forward
On September 29, 2017, Justice Masley of the New York County Commercial Division issued a decision i… Read More
October 8, 2017
Court Refuses to Dismiss Malpractice Claim By Non-Party to Engagement Letter
On September 26, 2017, Justice Scarpulla of the New York County Commercial Division issued a decisio… Read More
September 22, 2017
Legal Malpractice Claim Dismissed for Failure Adequately to Allege Damages
On September 12, 2017, Justice Scarpulla of the New York County Commercial Division issued a decisio… Read More
August 22, 2017
Professional Malpractice Claim Dismissed for Failure to Present Adequate Expert Testimony
On August 16, 2017, the Second Department issued a decision in Michael v. He Gin Lee Architect Plann… Read More
June 9, 2017
Legal Malpractice Claim Based on Allegedly Faulty Tax Advice Survives Summary Judgment
On June 1, 2017, the First Department issued a decision in Leggiadro, Ltd. v. Winston & Strawn, LLP,… Read More
April 9, 2017
Fraud Claim Based on Same Facts as Legal Malpractice Claim Dismissed
On March 28, 2017, Justice Scarpulla of the New York County Commercial Division issued a decision in… Read More
April 6, 2017
Questions of Fact Regarding When Representation Ended Precluded Dismissal of Malpractice Claim
On April 5, 2017, the Second Department issued a decision in Stein Industries, Inc. v. Certilman Bal… Read More
February 2, 2017
Strategic Decisions, Even Flawed Ones, Generally Do Not Support a Malpractice Claim
On January 26, 2017, the First Department issued a decision in Brookwood Companies, Inc. v Alston & … Read More
December 8, 2016
Accounting Malpractice Claim Properly Dismissed for Lack of Privity
On November 30, 2016, the Second Department issued a decision in Weinstein v. CohnReznick, LLP, 2016… Read More
November 16, 2016
Malpractice Claim Arises When Malpractice Occurs Not When Malpractice Becomes Apparent
On October 31, 2016, Justice Ostrager of the New York County Commercial Division issued a decision i… Read More
November 8, 2016
Legal Malpractice Claims Arising in Oregon Untimely Under New York Borrowing Statute
On October 21, 2016, Justice Ostrager of the New York County Commercial Division issued a decision i… Read More
September 3, 2016
Legal Malpractice Claim Based on Later-Reversed Ruling Upheld
On August 12, 2016, Justice Bransten of the New York County Commercial Division issued a decision in… Read More
July 1, 2016
Violation of Disciplinary Rule, Without More, Insufficient Basis for Legal Malpractice Claim
On June 23, 2016, the First Department issued a decision in Fletcher v. Boies, Schiller & Flexner LL… Read More
March 2, 2016
Malpractice Claim Properly Dismissed: Defendants' Negligence Did Not Cause Plaintiff's Losses
On March 1, 2016, the First Department issued a decision in Women's Integrated Network, Inc. v. Ande… Read More
November 23, 2015
Legal Malpractice Claim Dismissed Because Plaintiff Was Not Damaged by the Negligence it Alleged
On November 19, 2015, the First Department issued a decision in Women's Integrated Network, Inc. v. … Read More
July 23, 2015
Continuous Representation Doctrine Forecloses Dismissal of Legal Malpractice Claim as Time-Barred
On July 2, 2015, the First Department issued a decision in Overseas Shipholding Group, Inc. v. Prosk… Read More
April 6, 2015
Failure to Plead Proximate Causation Fatal to Legal Malpractice Claim
On March 31, 2015, the First Department issued a decision in Candela Entertainment, Inc. v. Davis & … Read More
