New York Attorney Malpractice Blog

New York Attorney Malpractice Blog

Category Archives: Legal Malpractice Cases

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A Building Fails…Was There Professional Malpractice?

Posted in Legal Malpractice Cases
American Sec. Ins. Co. v Church of God of St. Albans  2015 NY Slip Op 06699 [131 AD3d 903]  September 2, 2015  Appellate Division, Second Department explains the outer limits of professional responsibility for an architect.  Entering into a contract with the client does not necessarily give rise to general tort liability to others (similar to… Continue Reading

The Very Very Rare Case

Posted in Legal Malpractice Cases
It is theoretically possible for plaintiff to win summary judgment in a negligence case; theoretically possible but very very rare.  Benitez v United Homes of N.Y., LLC  2016 NY Slip Op 06153 Decided on September 27, 2016 Appellate Division, First Department is that rare case in which Plaintiff wins partial summary judgment against defendant-attorney on a legal… Continue Reading

CPLR 205…The Saving Statute

Posted in Legal Malpractice Cases
ACE Sec. Corp., Home Equity Loan Trust, Series 2006-SL2 v DB Structured Prods., Inc.  2016 NY Slip Op 26105 [52 Misc 3d 343]  March 29, 2016  Friedman, J. is an extremely complicated residential mortgage-securities breach of contract case, the details of which are not particularly germane to legal malpractice considerations.  What is interesting, however, is the… Continue Reading

Fraud in the Legal Malpractice Setting

Posted in Legal Malpractice Cases
Caravello v One Mgt. Group, LLC  2015 NY Slip Op 07000 [131 AD3d 1191]  September 30, 2015 Appellate Division, Second Department is the rare legal malpractice case that survives a CPLR 3211 attack on a fraud or an aiding and abetting fraud claim.  The decision is worthwhile reading for its definition of the elements of the… Continue Reading

Long Gaps Notwithstanding, It’s Three Years

Posted in Legal Malpractice Cases
Plaintiff wanted to have an extension built and contacted with the architect.  Four years later the NYC Department of Buildings hoisted a red flag, and the architect worked on fixing the problem.  A lawsuit against others commenced and he was added later.  When did the statute of limitations commence and was the action timely? Bronstein… Continue Reading

It Was The Wrong Place To Start The Fight

Posted in Legal Malpractice Cases
OK…so you have a case with a good cause of action, perhaps a professional negligence case against an insurance broker who told you not to get flood insurance just before Superstorm Sandy.  You timely bring the action only to be faced with a motion to dismiss on the basis of lack of jurisdiction as well… Continue Reading

A Host of Standards Defined in This Appellate Division Case

Posted in Legal Malpractice Cases
Katz v Beil  2016 NY Slip Op 05977  Decided on September 14, 2016  Appellate Division, Second Department is an unusually long Appellate Division case which is unusually full of discussion of the various standards for motions, amendments and summary judgment.  Read it as a primer on litigation standards. 1.”Contrary to the plaintiffs’ contention, the Supreme… Continue Reading

What A Long Time To Wait

Posted in Legal Malpractice Cases
Professional negligence is not unlike legal malpractice…at least in the statute of limitations area.  There are strict rules, and waiting too long is fatal.  That’s what appeared to happen in Willis Ave Dev., LLC v Block 3400 Constr. Corp.  2016 NY Slip Op 05991  Decided on September 14,   2016 Appellate Division, Second Department.  This mix of… Continue Reading

Facebook Saga Ends With a Whimper

Posted in Legal Malpractice Cases
Practitioners in the Judiciary Law § 487 field expect that they will always be facing an uphill battle.  Facebook, Inc. v DLA Piper LLP (US) is an example of just how uphill it is. Supreme Court denied a motion to dismiss.  The Appellate Division reversed and yesterday, the Court of Appeals refused to consider the issue, ending… Continue Reading

A Legal Malpractice That Never Got Started

Posted in Legal Malpractice Cases
Sadly, mistakes in a legal malpractice case seem to appear larger than in other areas of litigation.  “The cobbler’s child is shoeless” is an older variant of the same issue.  In Brown v Sanders 2016 NY Slip Op 05967 Decided on September 14, 2016 Appellate Division, Second Department we see a legal malpractice that was not served on… Continue Reading

Oops…A $37 Million Mistake

Posted in Legal Malpractice Cases
What happens when professionals take on a job, issue reports telling the client that all is well, only to have a governmental authority say that all is not well, and that the statutory reports understate a liability by $37 Million? Leading Ins. Group Ins. Co., Ltd. v Friedman LLP 2016 NY Slip Op 30375(U) March 3, 2016… Continue Reading

At First Glance It Seems Utterly Astounding, but hey…

Posted in Legal Malpractice Cases
Plattsburgh Hous. Auth. v Cantwell  2015 NY Slip Op 51832(U) [49 Misc 3d 1221(A)] Decided on September 23, 2015 Supreme Court, Clinton County  Muller, J. is the story of an upstate  city which had a housing authority.  Once upon a time it hired an attorney to be its outside counsel.  Then she was hired as a… Continue Reading

Sloppy Contract Management and Professional Malpractice

Posted in Legal Malpractice Cases
A big construction of a supermarket is marred when the floor settles in an unsettling manner.  The architect is sued, and motion practice ensues.  It appears that there is a limitation of liability agreement which would severely undermine the case against the architect…or is there?  This case highlights the necessity of using more words, rather… Continue Reading

Extensive Discussions and Strategic Choice

Posted in Legal Malpractice Cases
Plaintiffs signed a consent agreement with the IRS agreeing to more than  $ 1.5 Million as well as civil fraud and negligence penalties.  That’s a lot of money.  The attorneys who represented them continued on for a period of time and then wrapped up the IRS matter.  Plaintiffs sued, and faced both a statute of… Continue Reading

As The Boomer Generation Ages, Legal Malpractice Issues Emerge

Posted in Legal Malpractice Cases
Weinberg v Sultan   2016 NY Slip Op 05939  Decided on September 1, 2016  Appellate Division, First Department is an example of legal malpractice issues that will arise and continue to arise as the baby boomer generation divests itself of assets gathered during the past 50 years. Here, the former son-in-law of plaintiff intervened in the… Continue Reading

A Legal Malpractice Action Lost Through, well…

Posted in Legal Malpractice Cases
Caesar’s wife must be above suspicion; legal malpractice practitioners are subject to greater scrutiny.  That is the lot of those who work in the negligence fields.   G. Willi-Food Intl. Ltd. v Herzfeld & Rubin, P.C. 2016 NY Slip Op 31625(U) August 26, 2016 Supreme Court, New York County Docket Number: 161053/2014 Judge: Kelly A. O’Neill… Continue Reading

It Was Only Hours Late…But A Departure Nevertheless

Posted in Legal Malpractice Cases
A filing is due today.  By an inadvertant error, it is not filed by midnight.  It is filed before the opening of business the next day.  Any repercussions in Legal Malpractice?  Yep. The mistakes catalogued in Shenzhen Kehuaxing Indus. Ltd. v Curtis, Mallet-Prevost, Colt & Mosle LLP  2016 NY Slip Op 31593(U)  August 12, 2016  Supreme Court, New York… Continue Reading

Dissmissal, But With No Explanation

Posted in Legal Malpractice Cases
The AD2 is overburdened, and has an ultra busy caseload.  As a result, its decisions are sometimes gnomic, dense and somewhat short on the detail of the underlying case. Silverman v Potruch & Daab, LLC  2016 NY Slip Op 05857  Decided on August 24, 2016  Appellate Division, Second Department is an example.  The law firm was… Continue Reading

Be Ever So Careful Which Cases You Take

Posted in Legal Malpractice Cases
A person comes to the office.  He has had a car accident.  While at the office, the law firm decides that it will not take the case, but gives it to an attorney who might be an “of counsel”, or an employee who is going off on his own, or simply someone hanging around.  In… Continue Reading

So Often It’s Real Estate in Legal Malpractice Settings

Posted in Legal Malpractice Cases
Tai v Broche  2016 NY Slip Op 31586(U)  August 18, 2016  Supreme Court, New York County Docket Number: 652769/2011  Judge: Joan M. Kenney is the story of some high-stakes Manhattan real estate, and the legal malpractice claims that accompany it.  The attorneys say that they warned their client not to close, but close it did.  Lots… Continue Reading

Accounting malpractice and Levels of Investigation

Posted in Legal Malpractice Cases
In the accounting malpractice world, defendants often try to distinguish between a “look-see” and a thorough audit.  The audit examines bank records, backup, bills, invoices, tax returns, etc.  Anything else is merely a “compilation” based upon provided records, and the usual disclaimer is that the client was unwilling to pay for the full audit.  Unwilling… Continue Reading

Manhattan Real Estate Transactions Go Bad and Only the Notary Is Left

Posted in Legal Malpractice Cases
Ever since the founding of the Colony, Manhattan real estate has been a widely discussed and studied subject.  The sale of  549 Manhattan Avenue is no exception.  Was there fraud, duress, misconduct? Jennings-Purnell v Donner  2016 NY Slip Op 31517(U)  August 10, 2016  Supreme Court, New York County  Docket Number: 110344/2006  Judge: Robert D. Kalish… Continue Reading
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