New York Attorney Malpractice Blog

New York Attorney Malpractice Blog

Category Archives: Legal Malpractice Cases

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Holding Escrow and Legal Malpractice

Posted in Legal Malpractice Cases
In this Case  Egnotovich v. Katten Muchin Zavis & Roseman LLP, 604101/06 , Decided January 23, 2008 ,Justice Bernard J. Fried NEW YORK COUNTY ,Supreme Court     Plaintiffs joined a vacation club in which they each deposited $ 400,000, and the group was to purchase or lease apartments or houses in prime vacatiion spots.  These spots included [&hellip… Continue Reading

Legal Malpractice Cases 1/4/06 to 1/16/06

Posted in Legal Malpractice Cases
Sabo v. Alan B. Brill, P.C., 7561-7561A, Index 100055/04 , SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT , 2006 NY Slip Op 221; Decided, January 12, 2006, This is a summary judgment dismissal of what appears to be a real estate transaction gone wrong. Both the attorney and the title company won dismissal. [&hellip… Continue Reading

Illinois GM Legal Malpractice and Proximate Cause

Posted in Legal Malpractice Cases
Here is an Illinois appellate case reported by the Illinois Legal Malpractice Blog arising from an action against General Motors where “the plaintiffs sued their former lawyers for malpractice, alleging that the lawyers were negligent when they failed to sue General Motors for strict liability of a manufacturing defect in a car the plaintiffs were [&hellip… Continue Reading

Legal Malpractice Cases this Week 1-3-06

Posted in Legal Malpractice Cases
1. Menicucci Villa & Assoc., PLLC v. Pickett, 2004-02339 , SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT , 2005 NY Slip Op 10103; December 27, 2005. AD affirms CPLR 3211[a][7] dismissal for attorney. 2. Nationwide Assoc., Inc. v. Epstein, 2004-06060 , SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT , 2005 NY [&hellip… Continue Reading

Legal Malpractice Cases this Week 12-26-05

Posted in Legal Malpractice Cases
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 [&hellip… Continue Reading

Legal Malpractice Cases this Week 12-13-05

Posted in Legal Malpractice Cases
1. Smith v. Cohen, 7076 , SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT , 2005 NY Slip Op 9407; Decided, December 8, 2005, Entered. Plaintiff went to attorney A, who referred him to Attorney B for a personal injury case. Attorney A is dismissed, with no proof that he was retained by Plaintiff. [&hellip… Continue Reading

Lack of Privity dooms Legal Malpractice Case

Posted in Legal Malpractice Cases
Reported in the NYLJ today, [p.20, c.1]Reyes v. Leuzzi, Supreme Court, New York County. A decision by Justice Tolub dismissing a legal malpractice case on the basis that there was insufficient evidence that the attorney actually was retained by the plaintiff. Instead, the evidence indicated that the attorney accomodated the plaintiff by helping to fill [&hellip… Continue Reading

Attorneys as Experts in Legal Malpractice

Posted in Legal Malpractice Cases
May an attorney testify as an expert in a Legal Malpractice, or put another way, it is required that an attorney testify on behalf of plaintiff to make out a prima facie case? Here is a case which on appeal overturned the lower court, and which illustrates both sides of the question. Details from Blog [&hellip… Continue Reading

Legal Malpractice Cases this Week 11-29-05

Posted in Legal Malpractice Cases
Tropp v. Lumer, 2004-11025 , SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT , 2005 NY Slip Op 8972; Plaintiff wins summary judgment motion on continuous representation by showing that defendant attorney was “watching over” the case he referred, and that he participated by at least preparing plaintiff for the EBT. Merlin Biomed Asset [&hellip… Continue Reading

Legal Malpractice Cases this Week 11-14-05

Posted in Legal Malpractice Cases
DANIEL H. WILLIAMS, III, PLAINTIFF-RESPONDENT-APPELLANT, v DOUGLAS S. COPPOLA, MARK C. RODGERS, RODGERS & COPPOLA, LLP, DEFENDANTS-APPELLANTS-RESPONDENTS SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FOURTH DEPARTMENT 2005 NY Slip Op 8379 Cause of action for Fraud dismissed: “It is well settled that a cause of action for fraud does not arise where the only fraud [&hellip… Continue Reading

Legal Malpractice Cases this Week

Posted in Legal Malpractice Cases
Here are new legal malpractice decisions from 11/1/05 – 11/8/05: 1. Selletti v. Liotti: Plaintiff’s motion for summary judgment fails, AD affirms. “Plaintiff failed to submit evidence sufficient to establish, as a matter of law, that his conduct in prosecuting the federal action did not contribute to the imposition of the monetary sanction.” 2. Linder [&hellip… Continue Reading

NJ and Mass Legal Malpractice Case

Posted in Legal Malpractice Cases
A NJ resident who was working in Mass dies in a car accident. The Mass hospital had a giant lien. Through a long string of circumstances it ends up suing the NJ attorney representing the estate and the father. The NJ principal of legal malpractice law? “There is no dispute about the facts bearing on [&hellip… Continue Reading

Legal Malpractice in Indiana

Posted in Legal Malpractice Cases
Here’s a case from the highest court in Indiana on legal malpractice and post-conviction proceedings. Godby v. Whitehead tells the story of an alleged failure to present claims, post-conviction. query: would this legal malpractice case have survived the conviction in New York… Continue Reading

Legal Malpractice Cases this Week [10/24/05]

Posted in Legal Malpractice Cases
Two cases are reported this week. Conti v. Frank, 2005 NY Slip Op 7615; 2005 N.Y. App. Div. LEXIS 10971, October 18, 2005, Decided, October 18, 2005. Plaintiff’s complaint for legal malpractice based on the failure to sue a physician [apparently as well as the hospital] was dismissed on CPLR 3211 grounds. The court implied [&hellip… Continue Reading
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