N.Y. Appellate Divisions

     ATTORNEYS, CONSUMER LAW – The appellate division found that the unsolicited Attorney Malpractice Reports that an attorney faxed to another attorney violated the Telephone Consumer Protection Act’s prohibition against unsolicited faxes that have the effect and purpose of advertising services. Affirmed. See ruling.
     ATTORNEYS, TAX – The court found that a legal malpractice claim against tax attorneys was properly dismissed because plaintiffs failed to allege how they were harmed by a typographical error in a spreadsheet created by defendants, which misstated their tax liability. Affirmed. See ruling.
     ATTORNEY FEES – In an attorney’s lawsuit to recover a share of the legal fees earned in cases he referred to defendants prior to his disbarment, the appellate division found that the plaintiff’s breach of contract claims were not time-barred. However, the lower court properly declined to award him damages on a number of the referred cases where he failed to show the payment of legal fees to defendants in those instances. Affirmed. See ruling.

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