Melito & Adolfsen P.C.
U.S. and International Litigation Firm
New York City And The World

Month: October 2014

NY Court of Appeals holds that a client’s failure to appeal bars a legal malpractice action only where the client was likely to have succeeded on appeal in the underlying action.

Addressing a question of first impression in Grace v. Law, et al., the Court of Appeals adopted the plaintiff-client's contention that a "likely to succeed" standard should be applied, rejecting the defendant-attorneys' contention that a malpractice claim should be...

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NY Court of Appeals wrestles with whether insurer that responds to tendering insurer instead of to purported additional insured violates Insurance Law §3420(d) invalidating disclaimer

On 10/22/14, the Court of Appeals heard argument in Sierra v. 4401 Sunset Park. The Court had granted Scottsdale leave to appeal from the Second Department's ruling that Scottsdale's disclaimer to GNY, which had tendered an additional insured claim on behalf of its...

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Judge in NY County Supreme Court encourages insured to appeal her decision, following Mighty Midgets case, ruling that insured is not entitled to recover attorneys’ fees in affirmative DJ action

In a highly unusual decision, Judge Shirley Kornreich in Madison 96th Associates v. 17th East Owners Corporation, 43 Misc.3d 1210(A), denied an attorney-fee award to a prevailing plaintiff-insured in a declaratory judgment action but encouraged the insured to appeal...

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