Tag Archives: legal malpractice

Fourth Department – Legal Malpractice: The New Kayak Pool Corporation v. Kavinoky Cook

Appellate Division, Fourth Department – Legal Malpractice – Damages – Failure to Inquire into Existing Insurance Coverage   The New Kayak Pool Corporation v. Kavinoky Cook CA 13-02084 Appealed from Supreme Court, Erie County   Background: The plaintiffs commenced a ...

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Fourth Department – Legal Malpractice: Dischiavi v. Calli, et al.

Appellate Division, Fourth Department – Legal Malpractice – Continuous Representation – Statute of Limitations   Dischiavi v. Calli, et al. CA 14-00883 Appealed from Supreme Court, Oneida County   Background: The plaintiffs appeal from an order granting the motions of ...

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New York State Court of Appeals – Legal Malpractice: Grace v. Law, et al.

New York State Court of Appeals – Legal Malpractice – Client’s Failure to Appeal – Likely to Succeed Standard   Grace v. Law, et al. No. 165 Judge Abdus-Salaam   Background: At issue is what effect a client’s failure to pursue ...

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Fourth Department – Legal Malpractice: Harris Beach v. Eber Bros. Wine & Liquor Corp

Appellate Division, Fourth Department – Legal Malpractice – Insurance Contract   Harris Beach v. Eber Bros. Wine & Liquor Corp CA 14-00150 Appealed from Supreme Court, Monroe County   Background: The plaintiff commenced an action seeking to recover $750,000 in legal ...

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Legal malpractice standard rule sought

Lawyers representing colleagues accused of legal malpractice are looking for a new rule from the state Court of Appeals that would essentially prevent a client from suing his attorney until the attorney had exhausted all remedies. They are seeking a ...

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Fourth Department — Legal Malpractice: Lincoln Trust v. Alfred D. Spaziano, et al.

Appellate Division, Fourth Department Legal Malpractice Damages Lincoln Trust v. Alfred D. Spaziano, et al. CA 13-00907 Appealed from Supreme Court, Onondaga County Background: The plaintiffs commenced a legal malpractice action seeking damages arising from the defendant’s negligence at the ...

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Fourth Department — Legal Malpractice: Priola v. Fallon, et al.

Appellate Division, Fourth Department Legal Malpractice Continuous Representation Doctrine Priola v. Fallon, et al. CA 13-00391 Appealed from Supreme Court, Onondaga County Background: The plaintiff appealed from the dismissal of his legal malpractice action. He argues that the court erred ...

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Fourth Department — Legal Malpractice: Dischavi v Calli, et al.

Appellate Division, Fourth Department Legal Malpractice Punitive Damages — Fraudulent Misrepresentations Dischavi v Calli, et al. CA 13-00374 Appealed from Supreme Court, Oneida County Background: The plaintiff commenced an action for breach of contract, legal malpractice and fraud. They alleged ...

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Fourth Department — Legal Malpractice: Utica Cutlery Company v. Hiscock & Barclay

Appellate Division, Fourth Department Legal Malpractice Proximate Cause — Culpable Conduct Utica Cutlery Company v. Hiscock & Barclay CA 13-00377 Appealed from Supreme Court, Oneida County Background: The plaintiff commenced a legal malpractice action seeking damages based on the defendant’s ...

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Fourth Department — Legal Malpractice: Grace v. Law

Appellate Division, Fourth Department  Legal Malpractice Discontinuance of Underlying Action — Waiver of Right Grace v. Law CA 13-00036 Appealed from Supreme Court, Erie County Background: The plaintiff commenced a legal malpractice action alleging the defendants were negligent in their ...

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Fourth Department — Legal Malpractice: Elstein et al. v. Phillips Lytle

Appellate Division, Fourth Department Legal Malpractice Accrual Elstein et al. v. Phillips Lytle CA 12-02238 Appealed from Supreme Court, Monroe County Background: The plaintiffs appealed from the dismissal of their legal malpractice action. On appeal, the plaintiffs argue that the ...

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Fourth Department — Legal Malpractice: Hotaling v. Sprock, et al.

Appellate Division, Fourth Department Legal Malpractice Commercial Real Estate — Zoning Ordinance Hotaling v. Sprock, et al. CA 12-01222 Appealed from Supreme Court, Onondaga County Background: The plaintiff commenced a legal malpractice action seeking damages for the alleged negligence of ...

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