New York Attorney Malpractice Blog

New York Attorney Malpractice Blog

Category Archives: Legal Malpractice Cases

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A Second Bite of the Apple is Permitted…But not a Third

Posted in Legal Malpractice Cases
Yesterday, we reviewed the first go-round in Mrs. Weinberg’s litigation to undo the sale of two buildings, one of which was her family home for the past 50 years.  Today, in Weinberg v Kaminsky 2017 NY Slip Op 31628(U)  August 4, 2017  Supreme Court, New York County Docket Number: 150869/2017 Judge: Manuel J. Mendez, we see that this… Continue Reading

Duped or Not? Legal Malpractice or Not?

Posted in Legal Malpractice Cases
Looking back at Weinberg v Sultan  2016 NY Slip Op 05939 [142 AD3d 767]  September 1, 2016 the question before the Appellate Division, First Department seems to have been was whether plaintiff was duped or not, and whether her former son-in-law took a large “consulting fee” and did so to her detriment.  Whether former sons-in-law can be… Continue Reading

Moral Victories and Practical Advice

Posted in Legal Malpractice Cases
Matter of Ginsburg  2016 NY Slip Op 07733 [144 AD3d 1357]  November 17, 2016  Appellate Division, Third Department is a sad story of despair overlaid with a sordid story of attorney fee grasping.  In the end, not a lot was accomplice.  The decision gives some practical advice on settlements and attorney retention. “On February 17,… Continue Reading

A Fee Sharing Agreement that Worked…Or Did It?

Posted in Legal Malpractice Cases
A personal injury takes place, and is litigated.  It goes to verdict which exceeds the insurance coverage.  What is a defendant to do?  Well, one solution is a bad faith litigation against the carrier, and an assignment to the plaintiff.  Plaintiff gets the chance to obtain the balance (over the policy limits) from the insurer,… Continue Reading

The Slimmest of Legal Malpractice Allegations

Posted in Legal Malpractice Cases
In legal malpractice there are transactional representations and there are litigation representation.  It’s easier to show privity when the attorney has signed on as attorney of record.  It’s more difficult when the attorney may/may not be involved in a transactional setting.  Breslin v Raich, Ende, Malter & Co., LLP  2016 NY Slip Op 32015(U)  July… Continue Reading

Plaintiff Skates Over Summary Judgment; Finds the Perfect Snow Storm Explanation

Posted in Legal Malpractice Cases
Snow and ice cases are difficult.  Fall too soon and the landowner gets the benefit of the “strorm-in-progress” defense.  Fall at the right time, and you have to prove that the landowner created the situation.  Hire the wrong attorney, and your legal malpractice case difficulty rises to the Nth degree.  So, Balan v Rooney  2017 NY… Continue Reading

The Outcome Was Correct; The Process Was Flawed

Posted in Legal Malpractice Cases
When you tease out the underlying process of the summary judgment motion practice in Burbige v Siben & Ferber  2017 NY Slip Op 05704  Decided on July 19, 2017  Appellate Division, Second Department it becomes apparent that the Appellate Division saw less in the underlying motions than did Supreme Court.  Both, however, came to the… Continue Reading

Death, Malpractice and Surrogate’s Court

Posted in Legal Malpractice Cases
One does not often see legal malpractice cases reported out of Surrogate’s Court. Matter of Schleifer  2017 NY Slip Op 31501(U)  July 14, 2017  Surrogate’s Court, New York County Docket Number: 2010-3599/A  Judge: Rita M. Mella is a big-number, multi-defendant real estate and commercial estate-fraud-legal malpractice case.  It discusses a number of fraud-rescission-release-pleading issues which… Continue Reading

An Interesting Primer on Legal Fee Billing and Retainers

Posted in Legal Malpractice Cases
In Menaker & Herrman, LLP v Foster 2017 NY Slip Op 31456(U) July 7, 2017 Supreme Court, New York County Docket Number: 651969/2016  Judge Manuel J. Mendez presents a primer on the law of legal fee billing and retainer agreements. “The complaint alleges that on May 3, 2013, defendant, Larry J. Guffey, an at1:orney, retained the… Continue Reading

A Real Mess, Across The Board

Posted in Legal Malpractice Cases
Professional Negligence, especially in the real estate construction field is the source of a number of litigation problems.  Architects routinely use arbitration clauses.  Zoning issues, including the mistaken analysis of what might be built on a specific lot are themselves subject to governmental immunity.  2649 E. 23 LLC v New York City Dept. of Bldgs.… Continue Reading

A Difference Between Breach of Contract and Negligence

Posted in Legal Malpractice Cases
Board of Mgrs. of 100 Congress Condominium v SDS Congress, LLC  2017 NY Slip Op 05414  Decided on July 5, 2017  Appellate Division, Second Department offers an explanation of the difference between breach of contract and negligence in an architectural negligence case. “The plaintiff, suing on behalf of the unit owners of a condominium building in… Continue Reading

Is Litigation the Sport of Kings? Read This Case

Posted in Legal Malpractice Cases
A couple of entrepreneurs meet in college and start up a translation company.  Many years later, successful as hell, they embark on a new hobby…litigation.  Both take to the sport and become pros. Shawe v Elting 2017 NY Slip Op 31406(U) June 29, 2017 Supreme Court, New York County Docket Number: 153375/2016 is a wonderful… Continue Reading

Summary Judgment Denied…No Facts Given

Posted in Legal Malpractice Cases
Our mission is to cover and report every legal malpractice case we can fine.  In Kings County, there are fewer decisions published electronically than in other places.  So, when the Appellate Division rules without giving any of the underlying facts, we traditionally go to the electronic filing system, and if the case is too old,… Continue Reading

Lateral Attorney Movement and Continuous Representation

Posted in Legal Malpractice Cases
Cordero v Koval Retjig & Dean PLLC  2017 NY Slip Op 05036  Decided on June 20, 2017 Appellate Division, First Department presents an interesting question.  How does continuous representation in legal malpractice affect the statute of limitations amid lateral movement of attorneys from one firm to the next? In this case, the matter travelled with… Continue Reading

They Get You The Attorney…Is There Privity?

Posted in Legal Malpractice Cases
High-level employee is the subject of a state investigation along with the Hospital employer.  The investigation and litigation continue and eventually the hospital and the County succeed.  The employee, not so much.  Employee says that had the attorneys filed a certain appeal, he would have been exonerated.  May he sue the attorneys assigned to him,… Continue Reading

This Is A Rare “Speculation” Case

Posted in Legal Malpractice Cases
When a legal malpractice claim requires that the Court decide how a non-party would have acted, th Court often calls this “speculation.”  Examples are:  what would the other side have done if a specific offer had been made?  How would a court have decided an issue which was never raised?  How much would another driver… Continue Reading

Some of the Dangers of Pro-Se Litigation

Posted in Legal Malpractice Cases
Litigation is a major-league sport.  It can be dangerous, and there can be injuries.  Even when a talented amateur gets involved, there can still be basic problems which remain unsolved.   DeMartino v Golden  2017 NY Slip Op 04253  Decided on May 31, 2017  Appellate Division, Second Department is an example where two intersecting problems caused dismissal.… Continue Reading

The Off-Hand Comment Was Merely Dicta

Posted in Legal Malpractice Cases
Bringing a legal malpractice case based upon a badly handled legal malpractice case is a perilous situation.  Worse still if there is an ambiguous decision upon which it is all based.  So it was in 4777 Food Servs. Corp. v Anthony P. Gallo, P.C.  2017 NY Slip Op 04086  Decided on May 24, 2017 Appellate Division, Second Department… Continue Reading

With No Explanation, An Affirmance

Posted in Legal Malpractice Cases
Sometimes a court decision tells a story.  Sometimes, not.  Richmond Holdings, LLC v David S. Frankel, P.C. 2017 NY Slip Op 04160  Decided on May 24, 2017  Appellate Division, Second Department recites an important (if well understood) standard of legal malpractice, but leaves the reader clueless.  “To sustain a cause of action alleging legal malpractice,… Continue Reading

Start With a Bad Foundation…

Posted in Legal Malpractice Cases
It may be just one townhouse on 18th Street, but the ramifications of a bad “underpinning” to a foundation go on and on.  In Bose v Think Constr. LLC  2017 NY Slip Op 30944(U) May 4, 2017  Supreme Court, New York County Docket Number: 154628/2015  Judge Cynthia S. Kern (just yesterday elevated to the Appellate Division, First… Continue Reading

The Successor Counsel Principle, Illustrated

Posted in Legal Malpractice Cases
Common to legal malpractice litigations are changes to attorney representation during the underlying case.  These changes of attorneys raise not only the statute of limitations, but also the successor counsel principle.  Hufstader v Friedman & Molinsek, P.C. 2017 NY Slip Op 03996 Decided on May 18, 2017 Appellate Division, Third Department is an excellent example. “In December… Continue Reading

How Egregious Must The Act Be?

Posted in Legal Malpractice Cases, Uncategorized
Judiciary Law § 487 is a harsh, almost medieval law, with treble damages and a potential criminal conviction lurking.  The Appellate Division has said that it is not lightly granted, and in Brookwood Cos., Inc. v Alston & Bird LLP  2017 NY Slip Op 00535 [146 AD3d 662]  January 26, 2017  Appellate Division, First Department looks at… Continue Reading
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