New York Attorney Malpractice Blog

New York Attorney Malpractice Blog

Category Archives: Legal Malpractice Cases

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This Is The Legal Malpractice Case Often Used As An Example

Posted in Legal Malpractice Cases
Oral argument sometimes drifts to the “analogy” stage, where an example must be used in order to show the simplest type of legal malpractice case.  It is often the particular fact pattern found in Detoni v McMinkens  2017 NY Slip Op 01334  Decided on February 22, 2017  Appellate Division, Second Department. “On November 19, 2005, the… Continue Reading

Sure, Things Went Wrong…But Was It This Guy?

Posted in Legal Malpractice Cases
Superior Tech. Solutions, Inc. v Rozenholc  2017 NY Slip Op 01136 Decided on February 10, 2017 Appellate Division, First Department is an example of trying anything to fix a deadly problem.  When this happens, anyone in the general vicinity becomes a target. From what we can glean, longtime tenant gets into a problem with the landlord, and… Continue Reading

One Legal Malpractice Case…Three Lessons in Legal Malpractice

Posted in Legal Malpractice Cases
Alphas v Smith 2017 NY Slip Op 01277  Decided on February 16, 2017 Appellate Division, First Department packs a semester’s worth of lecture into one short case. Lesson 1:  Privity in a Small Corporate Setting.  “In opposition to defendants’ motion, plaintiff’s counsel submitted an affirmation citing Good Old Days Tavern v Zwirn (259 AD2d 300 [1st Dept… Continue Reading

A Rare Judiciary Law 487 Case With Some Lessons

Posted in Legal Malpractice Cases
Judiciary Law § 487 cases that survive appeal are rare; more so when it is against opposing counsel.  Here, in Kimbrook Rte. 31, L.L.C. v Bass 2017 NY Slip Op 01083 Decided on February 10, 2017 the Appellate Division, Fourth Department states two principles of JL § 487:  no need to bring the claim in the underlying case, and little… Continue Reading

Could This Immigration Legal Malpractice Case Be More Timely?

Posted in Legal Malpractice Cases
Immigration and travel bans are the news this week, and Trapp-White v Fountain  2017 NY Slip Op 00948  Decided on February 7, 2017 Appellate Division, First Department illustrates that what would normally be damages in the real world are simply waived away in the legal malpractice world.  Emotional distress?  Non-pecuniary loss?  Not in this world! So, Plaintiff… Continue Reading

Why Exactly Was She Arrested?

Posted in Legal Malpractice Cases
In a puzzling case, Mohyi v Karen G. Brand, P.C. 2017 NY Slip Op 30185(U) January 27, 2017 Supreme Court, New York County Docket Number: 157823/15 Judge: Debra A. James disposed of a Judiciary Law § 487 claim, allowing the case to continue on other claims.  In this electronic age of papers, and the sparsity of a “court file” we wonder… Continue Reading

What Makes A Sustainable Legal Malpractice Case?

Posted in Legal Malpractice Cases
A good legal malpractice case alleges that there were departures from good practice, which led to a bad result and that but for the departure from good practice there would have been a better result, with ascertainable damages.  This is exactly what plaintiff in Hall v Schrader, Israely, Deluca & Waters, LLP   2017 NY Slip Op… Continue Reading

The 2016 Judiciary Law 487 Series

Posted in Legal Malpractice Cases
Continuing our review of JL 487 cases from 2016 we come across the ironic gem of a JL 487 case which ends in plaintiff’s attorney being sanctioned for bringing a case which (in essence) seeks a sanction for deceit. Lawrence Ripak Co., Inc. v Gdanski  2016 NY Slip Op 06805 [143 AD3d 862]  October 19,… Continue Reading

Was it Strategy or Mistake?

Posted in Legal Malpractice Cases
Hindsight reasoning, roundly disliked by the judiciary is at the heart of legal malpractice.  Legal malpractice always comes down to a backwards comparison of the hypothetical better outcome v. the actual outcome.  This is the essence of the “but for” question.  Would there have been a better economic outcome “but for” the mistakes (or acts)… Continue Reading

More Worker’s Compensation Problems and Professional Negligence

Posted in Legal Malpractice Cases
Just as in the N.Y. Workers’ Compensation Board v. Wang case, so Accredited Aides Plus, Inc. v Program Risk Mgt., Inc. 2017 NY Slip Op 00058 Decided on January 5, 2017 Appellate Division, Third Department Garry, J.P., J. deals with groups that have failed to make sure that their Workers’ Compensation programs actually follow generally accepted accounting and insurance procedures,… Continue Reading

Judiciary Law 487 Claim Denied

Posted in Legal Malpractice Cases
Brookwood Cos., Inc. v Alston & Bird LLP   2017 NY Slip Op 00535 Decided on January 26, 2017 Appellate Division, First Department teaches us a number of lessons. Contracting for the government can be big business, and can lead to expensive litigation.  Reliance on specific US statutes can resolve a case, but over-reliance may be rejected by… Continue Reading

More of Last Years JL 487 Cases

Posted in Legal Malpractice Cases
We continue the year 2016 survey of Judiciary Law § 487 cases.  Be sure to see Prof. Anita Bernstein’s article in today’s NYLJ on vicarious liability and JL § 487. 18.  TSR Group, LLC v Levitin 2016 NY Slip Op 31322(U) July 13, 2016 Supreme Court, New York County Docket Number: 651356/2015 Judge: Eileen A. Rakower  … Continue Reading

Judiciary Law Cases of 2016…Continued

Posted in Legal Malpractice Cases
Our survey of all the 2016 Judiciary Law cases continues with: 15.  M.T. Packaging, Inc. v Fung Kai Hoo    2016 NY Slip Op 31189(U)  June 23, 2016 Supreme Court, New York County  Docket Number: 652579/2014  Judge: Cynthia S. Kern  A contract case concerning bags and packaging sales was based on a claim that the bags… Continue Reading

Why Do These Folks Get Involved With Workers’ Compensation Trusts?

Posted in Legal Malpractice Cases
State of N.Y. Workers’ Compensation Bd. v Wang  2017 NY Slip Op 00057  Decided on January 5, 2017  Appellate Division, Third Department  Egan Jr., J., is the story of a trust gone bad.  “The Health Care Providers Self-Insurance Trust, a group self-insured trust, was formed in 1992 to provide mandated workers’ compensation coverage to employees of… Continue Reading

The Crime-Fraud Exception to Privilege

Posted in Legal Malpractice Cases
We started the discussion of attorney-client privilege on Friday.  In this case, plaintiff  loaned money to corporation, and eventually, the corporation stops paying it back.  From there, the UCC-1, Security Agreements and Transfers are simply too complicated for a blog entry such as this.  Suffice it to say, there are multiple law firms, making multiple… Continue Reading

A Complicated Commercial Case Yields A Comprehensive Guide to Privilege

Posted in Legal Malpractice Cases
Clients loan money to corporation, and eventually, the corporation stops paying it back.  From there, the UCC-1, Security Agreements and Transfers are simply too complicated for a blog entry such as this.  Suffice it to say, there are multiple law firms, making multiple claims against the parties and eachother, and a huge question of attorney-client… Continue Reading

In The Third Round, A Knockout

Posted in Legal Malpractice Cases
The danger and beauty of contingent fee arrangements is that this method of risk allocation recognizes that while the attorney may make a large sum of money, there is the attendant risk that there will be no fee at all.  For the client, as has been well-recognized over the years, this arrangement allows for representation… Continue Reading

A Decision So Normal that It is Unexpected

Posted in Legal Malpractice Cases
Westchester Hills Golf Club, Inc. v Panken  2017 NY Slip Op 30045(U)  January 10, 2017 Supreme Court, New York County  Docket Number: 155528/2016  Judge: Cynthia S. Kern is a decision on a CPLR 3211 motion in a legal malpractice setting.  We have become  accustomed to reading 3211 decisions where the Court goes well beyond the settled… Continue Reading

And The Other Shoe Drops in this Dismissal

Posted in Legal Malpractice Cases
Barrett v Goldstein 2017 NY Slip Op 30011(U) January 4, 2017 Supreme Court, New York County Docket Number: 154225/2016 Judge: Arlene P. Bluth is the second half of a two-part decision arising from a divorce mediation which went wrong for plaintiff.  Yesterday, we saw that the mediator was let out of the case.  Today, plaintiff’s… Continue Reading

All of the 2016 Judiciary Law Cases, Continued

Posted in Legal Malpractice Cases
13.  Emigrant Funding Corp. v Nunez   2016 NY Slip Op 32089(U)  May 25, 2016  Supreme Court, Queens County  Docket Number: 16111/2009  Judge: Robert J. McDonald    Our review of the entire year’s cases highlights the large number of foreclosure actions in which (almost as a reflex) JL 487 claims are raised against both the bank’s… Continue Reading

All the Judiciary Law 487 Cases of 2016 (4)

Posted in Legal Malpractice Cases
Continuing on our survey of all the JL 487 cases last year we move on to the spring: 10.  Little Rest Twelve, Inc. v Zajic 2016 NY Slip Op 01767 [137 AD3d 540] March 15, 2016 Appellate Division, First Department discusses a concept that we will see further refined later: “As discussed below, the motion… Continue Reading

Really? What Exactly Does It Take to Hold A Law Firm Responsible?

Posted in Legal Malpractice Cases
McDowell v HSBC Bank, USA, N.A.  2016 NY Slip Op 32493(U)  December 20, 2016  Supreme Court, New York County  Docket Number: 154900/13  Judge: Shlomo S. Hagler is a footnote to “The Big Short” and illustrates how the sub-prime mortgage market operated at a retail level. “McDowell was an “elderly person of color” who owned premises… Continue Reading
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