Legal Malpractice Cases this Week 12-26-05

1. Ellsworth v. Foley, 1458 SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FOURTH DEPARTMENT , 2005 NY Slip Op 9871; Decided, December 22, 2005. Plaintiff lost medical malpractice and on appeal when it was determined that attorneys failed to make sufficient jury instruction request/objection. Nevertheless, Attorney malpractice action dismissed for failure to allege sufficient facts in complaint.

2. Brooks v. Ross, 2003-10491, 2004-06192 , SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT , 2005 NY Slip Op 9666; December 19, 2005, Decided. In this Legal Malpractice matter, Attorney successfully moved for permission to file late motion for summary judgment, and successfully moved for summary judgment. Plaintiff unable to demonstrate deviation.

3. Levy v. Laing, 570666/05. , SUPREME COURT OF NEW YORK, APPELLATE TERM, FIRST DEPARTMENT , 2005 NY Slip Op 52066U; December 19, 2005, Decided. Attorney 1 starts legal malpractice case, from which he is substituted out, arranging for a 30% lien. Case 1 is dismissed, and new attorneys start case 2. Case 2 settles. Attorney 1 is due no fees at all based upon the dismissal of case 1.