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New York Commercial Division Case Compendium A Searchable Database of Court Decisions Issued by New York’s Commercial Division

Category Archives: Legal

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Law Firm’s Failure to File Notice of Appeal in Coverage Action Not Malpractice Where Insured’s Underlying Losses Were Not Covered under Policy

Posted in Declaratory Judgment, Healthcare, Insurance, Legal, Malpractice, Oing, Jeffrey K., Unjust Enrichment

In a decision dated December 30, 2015, the Appellate Division, First Department affirmed an order from the New York County Commercial Division granting defendant-law firm’s motion to dismiss plaintiff-health care provider’s malpractice action.

Commercial Division Rules Judgment as a Matter of Law Appropriate on Some, But Not All Causes of Action

Posted in Breach of Contract, Estoppel, Legal, Malpractice, Pines, Emily, Statute of Limitations, Suffolk, Tortious Interference with Business Relations, Unjust Enrichment

  In an August 18, 2015 Commercial Division decision by Justice Pines, the court granted in part the defendants’ motion for judgment as a matter of law dismissing various causes of action asserted against them.

Court Disqualifies Defendant’s Counsel for Disclosing Plaintiff’s Confidential Information to Plaintiff’s Opposing Party in Separate Action in Florida

Posted in Emerson, Elizabeth, Legal, Personal Jurisdiction, Shareholder Dispute, Suffolk

In an August 13, 2015 Commercial Division decision by Justice Emerson, the court denied the defendant’s motion to dismiss the complaint and granted the plaintiff’s cross motion for disqualification of the defendant’s counsel.

First Department Affirms Denial of Proskauer Rose’s Motion to Dismiss Malpractice Claim Arising From Allegedly Deficient Tax Advice

Posted in 1st Dept, Legal, Malpractice, Motion to Dismiss, Statute of Limitations

In a decision dated July 2, 2015, the Appellate Division, First Department affirmed an order from the New York County Commercial Division denying the defendant Proskauer Rose’s motion to dismiss the first cause of action, which alleged legal malpractice against the law firm.

Sanctions Entered Against Landlord’s Counsel for Failure to Issue Document Hold and Insufficient Document Productions Prior to Depositions

Posted in Bransten, Eileen, Legal, New York, Summary Judgment

In a March 4, 2015 Commercial Division decision by Justice Bransten, the court entered sanctions against counsel for defendant landlord, awarding attorneys’ fees on the motion and for related depositions. The court also granted in part the landlord’s motion to dismiss the cause of action of plaintiff tenant-law firm for breach of implied covenant of… Continue Reading

Court Denies Plaintiff’s Motion to Substitute his Wholly Owned LLC as Plaintiff in Attorney Misconduct Suit against Greenberg Traurig

Posted in Discovery, Legal, New York, Sherwood, O. Peter

In an August 19, 2014 Commercial Division decision by Justice Sherwood, the court denied the plaintiff’s motion, pursuant to CPLR 1018, to substitute his wholly owned limited liability company (the “LLC”) for himself as plaintiff. The plaintiff commenced the action against Greenberg Traurig (“GT”) alleging misconduct pursuant to New York Judiciary Law § 487. GT… Continue Reading

Court Awards Class Counsel One-Third of Amount Sought for Attorney’s Fees and Costs

Posted in Attorneys' Fees, Breach of Fiduciary Duty, Class Action, Legal, New York, Ramos, Charles E.

In a June 13, 2014 Commercial Division decision by Justice Ramos, the court granted in part the plaintiff’s motion for an award of attorneys’ fees and expenses. This class action, which was settled by a negotiated stipulation of settlement, arose from the plaintiff’s allegations that the individual defendants breached fiduciary duties owed to the class… Continue Reading

Claims against Greenberg Traurig by Former Client for Breach of Fiduciary Duty, Fraud, and Violation of Judiciary Law § 487 Dismissed

Posted in Breach of Fiduciary Duty, CPLR 3211, Fraud, Legal, Malpractice, Misrepresentation, Motion to Dismiss, New York, Ramos, Charles E.

In a June 27, 2013 Commercial Division decision by Justice Ramos, the court granted the defendant Greenberg Traurig, LLP’s (“GT”) motion to dismiss various causes of action. This action arose out of an intra-familial dispute between three sisters, the plaintiff and her two defendant sisters, who were formerly part owners of a family-run jewelry business… Continue Reading

Deceased Lawyer’s Estate Granted Summary Judgment in Suit to Recover on Loans Made to Former Client

Posted in Breach of Fiduciary Duty, CPLR 3211, Demarest, Carolyn E., Kings, Legal, Malpractice, Motion to Dismiss, Statute of Limitations, Summary Judgment, Summary Judgment in lieu of Complaint

In a May 27, 2014 Commercial Division decision by Justice Demarest, the court granted the plaintiff’s renewed motion for summary judgment and granted the plaintiff’s motion to dismiss the defendants’ affirmative defenses and counterclaims. The action, originally commenced as a motion for summary judgment in lieu of complaint, arose from the defendants’ alleged failure to… Continue Reading

Court Denies Motion for Summary Judgment in Lieu of Complaint Based on Breach of Fiduciary Duty Defense Raised in Opposition

Posted in Breach of Contract, Breach of Fiduciary Duty, CPLR 3213, Demarest, Carolyn E., Kings, Legal, Legal Malpractice, Promissory Note, Real estate, Statute of Limitations, Summary Judgment, Summary Judgment in lieu of Complaint

In an October 29, 2014, Kings County Commercial Division decision by Justice Demarest, the court denied plaintiff’s motion for summary judgment in lieu of complaint based on an alleged default on a mortgage note.  Plaintiff-attorney made three loans to defendant-client in connection with the purchase and financing of a building.  The court denied plaintiff’s motion… Continue Reading

Plaintiff’s Attorney Disqualified in Brooklyn Condominium Construction Dispute Based on Prior Representation of Defendant

Posted in Breach of Contract, Breach of Fiduciary Duty, Demarest, Carolyn E., Kings, Legal, Malpractice, Order to Show Cause

In a November 7, 2013 decision by Justice Demarest, the court granted the defendants’ motion, brought by order to show cause, to disqualify the plaintiff’s attorney, Steven D. Sladkus (“Sladkus”), and his law firm Wolf Haldenstein Adler & Herz LLP (“WHAH”) from representing the plaintiff, and to permanently enjoin WHAH from revealing the defendants’ confidences… Continue Reading

Former Partners in Dissolved Law Firm Not Liable for Rent for Firm’s Office Space: Arkin Kaplan Rice LLP v Kaplan

Posted in Contract Interpretation, Legal, New York, Privity, Sherwood, O. Peter, Summary Judgment, Uncategorized

In a June 3, 2013 decision by Justice Sherwood, the court granted in part the defendants’ motion for partial summary judgment in this action, which arises from the dissolution of the well-known litigation boutique Arkin Kaplan Rice LLP (AKR). The defendants, Kaplan and Rice, two of the former partners in AKR and their newly formed… Continue Reading

Legal Recruiter’s Claim for Breach of Contract Related to Law Firm Merger Dismissed based on Statute of Frauds: CH Consulting Group, Inc. v Montgomery, McCracken, Walker & Rhoads, LLP

Posted in Breach of Contract, CPLR 3212, Fraud, Kornreich, Shirley Werner, Legal, New York, Statute of Frauds, Summary Judgment, Unjust Enrichment

In a May 30, 2013 decision by Justice Kornreich, the court granted the defendant-law firm’s (“MMWR”) motion for summary judgment. The plaintiff (“CH”), a legal recruitment firm, brought this action for breach of contract and unjust enrichment after its invoice to MMWR for $400,000, for its alleged “placement” of 13 attorneys with MMWR, was unpaid…. Continue Reading

Court Dismisses Claim for Abuse of Process, Allows Claim for Legal Malpractice in Action arising from Mortgage Foreclosure: Ferreira v Citiwide Real Estate & Mgt. Co.

Posted in Attorneys' Fees, Declaratory Judgment, Fraud, Kitzes, Orin R., Legal, Legal Malpractice, Malpractice, Queens, Real estate, Summary Judgment

In a May 8, 2013 decision by Justice Kitzes, the court granted the defendant Deutsche Bank’s motion for summary judgment dismissing the complaint, denied defendant Solda’s motion for summary judgment, and cancelled a notice of pendency against the East Elmhurst property (the “Property”) at issue, which was owned by Ferria. Deutsche Bank was previously awarded… Continue Reading

Law School Graduates Again Lose Bid to Blame Their Alma Mater for their Employment Woes: Bevelacqua v Brooklyn Law School

Posted in Fraud, Kings, Legal, Misrepresentation, Motion to Dismiss, Negligence, Schmidt, David I.

In a decision dated April 22, 2013 by Justice Schmidt, a court once again rejected an attempt by law students to hold their alma mater responsible for their inability to secure the legal job of their dreams in this difficult economy.  As in so many cases around the country, the plaintiffs—all graduates of Brooklyn Law… Continue Reading

Shareholders of S Corporation Cannot Maintain Legal Malpractice Claim Against Corporation’s Attorneys Due to Lack of Privity: Leggiadro, Ltd. v Winston & Strawn, L.L.P.

Posted in Kornreich, Shirley Werner, Legal, Malpractice, Misrepresentation, Motion to Dismiss, New York

In a March 1, 2013 decision by Justice Kornreich, the court granted the defendant law firm’s motion to dismiss the  legal malpractice claim brought by two shareholders of an S Corporation which alleged that the firm failed to advise them of the tax consequences when it represented the S Corporation in a buy-out agreement, causing… Continue Reading

Court Dismisses Fraud Action against Albany Law School Because Students Should Know that “Employment” Means “Employment”: Austin v Albany Law Sch. Of Union Univ.

Posted in Albany, Class Action, DeStefano, Vito M., Fraud, General Business Law 349, Legal, Motion to Dismiss, Platkin, Richard

In a January 3, 2013 decision by Justice Platkin, the court dismissed a class action complaint brought by graduates of Albany Law School (the “School”), all of whom attended and graduated between 2010 and 2012, and claimed that they enrolled in the School and paid thousands of dollars in tuition because they relied on the… Continue Reading

Unfortunate Result of Litigation Leads to a Finding of Malpractice: Board of Managers of Bridge Tower Place Condominium v Starr Assoc., LLP

Posted in Legal, Legal Malpractice, Malpractice, New York, Real estate, Schweitzer, Melvin L., Summary Judgment

In a December 12, 2012 decision by Justice Schweitzer, the court granted the plaintiff condominium board’s motion for summary judgment on its complaint which alleged that the Starr Associates, LLP and two of its attorneys committed legal malpractice when they represented the board in a lawsuit brought by one of the unit owners.  In that… Continue Reading

Claims for Legal Malpractice and Breach of Fiduciary Duty Barred by the Statute of Limitations: Elmakies v Sunshine

Posted in Breach of Fiduciary Duty, DeStefano, Vito M., Fraud, Legal, Legal Malpractice, Malpractice, Motion to Dismiss, Nassau, Real estate, Statute of Limitations

In a September 24, 2012 decision by Justice DeStefano, the court granted the defendants’ motion to dismiss the complaint, which included causes of action for legal malpractice and breach of fiduciary. The defendants, law firms and their named partners, were retained by the plaintiff with respect to investments in real and personal property that the… Continue Reading

Communications Made Prior to, but in Contemplation of Formal Retention, Can be Subject to the Attorney-Client Privilege: Roberts v Corwin

Posted in Arbitration, Discovery, Friedman, JSC, Marcy S., Legal, Legal Malpractice, Malpractice, Motion to Compel Arbitration, New York

In a September 10, 2012 decision by Justice Friedman, the court granted in part the defendants’ motion for reargument to compel the production of documents the plaintiff claimed were undiscoverable due to the attorney-client privilege. The plaintiff commenced the action against the defendants, which included Greenberg Traurig, alleging that they committed malpractice when they acted… Continue Reading