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Legal malpractice is always the comparison of the actual outcome of litigation and the hypothetical better outcome had the attorneys acted differently. Putting aside questions of strategy, if the attorneys departed from good practice and the financial outcome is negative for plaintiff then legal malpractice is demonstr
Katsoris v Bodnar & Milone , LLP 2026 NY Slip Op 05089 August 26, 2026 Appellate Division, Second Department is a case where the unusual happened. Plaintiff was able to reverse the dismissal of a legal malpractice claim. “In an action, inter alia, to recover damages for breach of fiduciary duty and legal malpractice, t
Benyaminpour v Lipton 2026 NY Slip Op 05072 August 26, 2026 Appellate Division, Second Department is the kind of appellate decision where the outlying claims are trimmed and the central claim is wiped out. Here, accounting malpractice was dismissed as late. “In November 2020, the plaintiff commenced this action against
Pires v Daniella Levi & Assoc., P.C. 2026 NY Slip Op 05330 September 16, 2026 Appellate Division, Second Department illustrates a very common legal malpractice issue that comes up in the personal injury area. Plaintiff is injured at work and hires a workers’ compensation attorney. That attorney either explicitly or imp
Santostefano v Zabell 2026 NY Slip Op 05202 September 2, 2026 Appellate Division, Second Department had claims for both legal malpractice and violation of judiciary law 487. We reviewed the “speculative” nature of the legal malpractice claims previously. The Judiciary Law claims got but a short analysis with no real il
Often, a legal malpractice case hinges on what a court would have done if there were no settlement, or if a certain witness were called, or if a certain document had been offered for admission. Courts routinely refuse to “speculate” what would have happened if. This is not always true in other types of litigation. Exam
Blank v. Petrosyants. 2026 NY Slip Op 05074 August 26, 2026 Appellate Division, Second Department is mostly about the business fight between cater co-venturers, but also involved an attorney. As often happens, there is only one attorney in the business negotiations, and Plaintiff would like to sue, but lacks privity. “
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