Nicholas P. Chrysanthem

Nicholas is a member of the Professional Liability Department where his practice is focused on the representation of law firms, attorneys, employers and agents and brokers, in state and federal courts.

An experienced trial attorney and litigator for over 30 years, Nicholas defends clients in matters involving legal malpractice, employment litigation, real estate litigation, complex commercial litigation, ADA public accommodation and ADA class action litigation. Nicholas has experience practicing before the New York State Division of Human Rights and the New York City Human Rights Commission. He has also been retained by clients to consult on risk avoidance matters and as a trial expert. Nicholas has lectured on evidence and trial practice at various continuing legal education seminars.

Nicholas has significant experience defending owners and contractors in actions arising out of New York Labor Law and New York Industrial Code violations. His experience in litigating commercial and tort disputes provides clients with the ability to understand a variety of underlying matters that are often the basis of legal malpractice actions.

Nicholas graduated with his Bachelor of Arts in Communication Arts from Iona College in 1982. In 1988, he earned his juris doctor from Fordham University School of Law and received the American Jurisprudence Award in Torts.

Prior to joining Marshall Dennehey, Nicholas was a member of a New York firm where he focused his practice on the defense of law firms and attorneys in legal malpractice actions, commercial and corporate litigation, and cases brought under New York’s Labor Law.

Honors & Awards

•New York Metro Super Lawyers (2021-2026)

Classes/Seminars Taught

•Professional Responsibility, Columbia University School of Law, Guest Speaker, June 2021
•Employment Law Seminar, ACEC, Albany, New York, Presenter, January 2019
•Legal Malpractice: How to Avoid it, What to do If You Can't, Lecturer
•Legal Malpractice and Ethics, Brooklyn Law School, Solo Practice Seminar, Lecturer
•ESI For Dummies, What Every Legal Team Should Know, The Lawyers Guide to ESI Forensics 101, New York State Bar Association, Moderator

Thought Leadership

Legal Updates for Lawyers' Professional Liability

Legal Updates for Lawyers’ Professional Liability - CASE LAW UPDATE

February 1, 2025

An attorney cannot be liable for failing act outside the scope of the retainer agreement.Kohler v. Polsky, 219 AD3d 821, 822 (2d Dept 2023)The plaintiff had retained the defendant-attorney for representation in a workers’ compensation claim. The retainer agreement explicitly excluded the possibility that the defendant was representing him in other types of claims. The plaintiff alleged the defendant committed malpractice by failing to advise him of potential personal injury claims against other third parties. The defendant subsequently moved for summary judgment, arguing that advising the plaintiff of potential personal injury actions was beyond the scope of the retainer agreement. Looking to Rule 1.2(c) of the Rules of Professional Conduct, the court noted that a lawyer cannot be liable for failing act outside the scope of their retainer. Legal Updates for Lawyers’ Professional Liability - February 2025 is prepared by Marshall Dennehey to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. We would be pleased to provide such legal assistance as you require on these and other subjects when called upon. ATTORNEY ADVERTISING pursuant to New York RPC 7.1 Copyright 2025 Marshall Dennehey, all rights reserved. No part of this publication may be reprinted without the express written permission of our firm. For reprints or inquiries, or if you wish to be removed from this mailing list, contact tamontemuro@mdwcg.com.

Legal Updates for Lawyers' Professional Liability

Legal Updates for Lawyers’ Professional Liability - CASE LAW UPDATE

February 1, 2025

Venue and Retainer Agreements Price v. Kohn, Swift & Graf, P.C., 24-CV-04720 (JMW), 2024 WL 4528928 (E.D.N.Y. Oct. 18, 2024)In this case, argued by Nicholas P. Chrysanthem of tour New York City and Long Island offices, the plaintiff filed a myriad of claims that mainly sounded in legal malpractice. After the plaintiff’s meditation business attracted the attention of the FBI for, inter alia, forced labor, the plaintiff retained the defendants for representation in the criminal proceedings. The retainer agreement contained a forum selection clause for Philadelphia. The plaintiff unsuccessfully attempted to argue the retainer agreement was procured by fraud. Accordingly, the court transferred the action to the Eastern District of Pennsylvania. Legal Updates for Lawyers’ Professional Liability - February 2025 is prepared by Marshall Dennehey to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. We would be pleased to provide such legal assistance as you require on these and other subjects when called upon. ATTORNEY ADVERTISING pursuant to New York RPC 7.1 Copyright 2025 Marshall Dennehey, all rights reserved. No part of this publication may be reprinted without the express written permission of our firm. For reprints or inquiries, or if you wish to be removed from this mailing list, contact tamontemuro@mdwcg.com.

News

Marshall Dennehey Announces 2026 New York Metro Super Lawyers and Rising Stars

April 27, 2026

Marshall Dennehey Announces 2025 New York Metro Super Lawyers and Rising Stars

October 30, 2025