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Category: New York Law

The Collateral Estoppel Trap in Legal Malpractice

Posted on June 24, 2025 By rehan.rafique No Comments on The Collateral Estoppel Trap in Legal Malpractice
The Collateral Estoppel Trap in Legal Malpractice

Meirowitz v Greenberg 2025 NY Slip Op 32124(U) June 13, 2025 Supreme Court, New York County Docket Number: Index No. 659363/2024 Judge: Paul A. Goetz demonstrates the dangers of charging liens, litigation over attorney fees and a subsequent legal malpractice case. “In this legal malpractice action defendants, Segal & Greenberg LLP, Margery Greenberg,and Sara Hiltzik1…

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New York Law

Right of Election Lawyer in New York

Posted on June 24, 2025 By rehan.rafique No Comments on Right of Election Lawyer in New York
Right of Election Lawyer in New York

If you’re a spouse in New York City, Brooklyn, Queens, Staten Island, Bronx, Westchester, or Long Island, and you were left out of a will, or left with less than one-third of your partner’s estate, you still have legal recourse. Under New York’s Right of Election law, you may be entitled to a substantial share…

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New York Law

Trust Fund Diversion Claims Require Strict Proof: Lessons from Park East Construction Corp. v. Uliano

Posted on June 23, 2025 By rehan.rafique No Comments on Trust Fund Diversion Claims Require Strict Proof: Lessons from Park East Construction Corp. v. Uliano
Trust Fund Diversion Claims Require Strict Proof: Lessons from Park East Construction Corp. v. Uliano

In the world of construction litigation, the New York Lien Law—and in particular, Article 3-A—plays a crucial role in protecting the interests of subcontractors, material suppliers, and other beneficiaries of construction trust funds. The recent appellate decision in Park East Construction Corp. v. Uliano, 2023-00046 (2d Dep’t), serves as a strong reminder of the burden…

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New York Law

New Law, Judgment Calls and Legal Malpractice

Posted on June 19, 2025 By rehan.rafique No Comments on New Law, Judgment Calls and Legal Malpractice
New Law, Judgment Calls and Legal Malpractice

Robbins v O’Hara 2025 NY Slip Op 32005(U) June 5, 2025 Supreme Court, New York County Docket Number: Index No. 152842/2022 Judge: David B. Cohen presents the attorney judgment defense in a setting where the Court finds that there is no unsettled or misunderstood law. “In his complaint, plaintiff alleges that he retained defendants in…

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New York Law

When Can a Homeowner Sue for Trust Fund Diversion in New York? Lessons from Treskas v. Style & Care, Inc.

Posted on June 18, 2025 By rehan.rafique No Comments on When Can a Homeowner Sue for Trust Fund Diversion in New York? Lessons from Treskas v. Style & Care, Inc.
Trust Fund Diversion Claims Require Strict Proof: Lessons from Park East Construction Corp. v. Uliano

In construction law, few issues are as serious—or as misunderstood—as the misappropriation of trust funds. New York’s Lien Law Article 3-A was created to protect owners, contractors, and suppliers from having construction funds wrongfully diverted. But who actually qualifies for protection under the statute? Can a homeowner sue a subcontractor if they never dealt with…

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New York Law

How to Prove Disability Discrimination in a Westchester Job Denial

Posted on June 18, 2025 By rehan.rafique No Comments on How to Prove Disability Discrimination in a Westchester Job Denial
How to Prove Disability Discrimination in a Westchester Job Denial

Disability discrimination in hiring remains a serious issue—even with strong laws in place to prevent it. In Westchester County, people with disabilities still face bias and barriers when applying for jobs. Employers may make assumptions about someone’s capabilities or hesitate to offer accommodations, which can unfairly lead to rejections. If you believe you were denied…

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New York Law

Maybe The Relationship Ended, Maybe Not

Posted on June 14, 2025 By rehan.rafique No Comments on Maybe The Relationship Ended, Maybe Not
Maybe The Relationship Ended, Maybe Not

Bernstein v Jacobson 2025 NY Slip Op 03173 Decided on May 28, 2025 Appellate Division, Second Department is the story of an attorney-client relationship gone bad. But…had it ended? “In an action to recover damages for legal malpractice, the defendant appeals from an order of the Supreme Court, Queens County (Karina E. Alomar, J.), dated…

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New York Law

When a Mechanic’s Lien Backfires: Lessons from Consumer Protection Restoration, LLC v. Hickory House Tenants Corp.

Posted on June 13, 2025 By rehan.rafique No Comments on When a Mechanic’s Lien Backfires: Lessons from Consumer Protection Restoration, LLC v. Hickory House Tenants Corp.
Trust Fund Diversion Claims Require Strict Proof: Lessons from Park East Construction Corp. v. Uliano

If you’re a contractor in New York, few tools are more powerful than a mechanic’s lien. It gives you leverage, helps secure payment, and forces property owners to pay attention. But as the recent Appellate Division decision in Consumer Protection Restoration, LLC v. Hickory House Tenants Corp. reminds us, that tool can turn into a…

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New York Law

Recognizing Age Discrimination in the Workplace: Your Rights in New York

Posted on June 13, 2025 By rehan.rafique No Comments on Recognizing Age Discrimination in the Workplace: Your Rights in New York
Recognizing Age Discrimination in the Workplace: Your Rights in New York

Age discrimination in the workplace is an issue that many older workers in New York are facing but don’t always recognize. As the workforce ages, more employees in their 50s, 60s, and even 70s are reporting unfair treatment, fewer opportunities, and subtle — or not-so-subtle — pressure to retire. While some companies embrace the experience…

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New York Law

Asking For the File To Be Returned Is A Tell

Posted on June 9, 2025 By rehan.rafique No Comments on Asking For the File To Be Returned Is A Tell
Asking For the File To Be Returned Is A Tell

How to calculate when continuing representation ends is a continuing problem. Does the representation continue until new counsel come into the case? Does it continue until a consent to change attorney is filed? In Wells Fargo Bank, N.A. v Leopold & Assoc., PLLC 2025 NY Slip Op 03220 Decided on May 28, 2025 Appellate Division,…

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New York Law

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