New York Attorney Malpractice Blog

New York Attorney Malpractice Blog

Category Archives: Legal Malpractice News

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Another Bulk Sales Legal Malpractice Case II

Posted in Legal Malpractice News
Yesterday, we started a discussion of Randazzo v Nelson  2015 NY Slip Op 04299  Decided on May 20, 2015  Appellate Division, Second   Department which arose from the sale of a deli in Staten Island.  Deli’s make retail sales, and buyer’s attorney must know that there can be an audit by the NYS Tax Department of… Continue Reading

Another Bulk Sales Legal Malpractice Case

Posted in Legal Malpractice News
When a business that makes sales to the public, and collects sales tax is sold, the buyer may become liable for unpaid sales taxes of the seller.  There is a well-understood process by which the buyer can immunize himself.  Really, all it takes is following the rules.  Unfortunately, in Randazzo v Nelson  2015 NY Slip Op… Continue Reading

How Can This Happen?

Posted in Legal Malpractice News
Commercial client hires a law firm to litigate its claims against a municipality.  The law firm fails to file a Notice of Claim and similarly fails to file a motion seeking leave to file a late notice of claim.  The worst is yet to come.  The law firm has allowed its malpractice insurance to lapse,… Continue Reading

Another Unsuccessful Criminal Legal Malpractice Case

Posted in Legal Malpractice News
Recently we told a mother that she had little likelihood of success in suing her son’s criminal defense attorney.  Questions of privity aside, the bar is extraordinarily high in trying to sue after a conviction.  Social policy and the Courts have set up a situation in which the lack of “actual innocence” acts as a… Continue Reading

There Can Be Danger When the Case Seems Too Good

Posted in Legal Malpractice News
Facebook is the Mount Everest of Intellectual Property litigation quests.  It’s just so big!  When the lawfirms in this case came across a potential client who just might own half of Facebook, all caution was forgotten.  Sure, the plaintiff resided in the poorest county in New York, where there are more cows then people.  Sure,… Continue Reading

Doctor v. Lawyer in a Legal Malpractice Case

Posted in Legal Malpractice News
In this version of Dr. v. Lawyer, it’s a knock-out to the lawyer.  Doctor  joins a medical practice and comes under scrutiny for his advocacy of “pranic healing.”  “Pranic Healing® is a highly evolved and tested system of energy medicine developed by GrandMaster Choa Kok Sui that utilizes prana to balance, harmonize and transform the… Continue Reading

Bernie Madoff and Legal Malpractice

Posted in Legal Malpractice News
It’s been 7 years since Bernie Madoff was arrested, yet his craftwork still is filtering through the legal malpractice world.  In Delollis v Archer  2015 NY Slip Op 04084  Decided on May 13, 2015  Appellate Division, Second Department we see an unsuccessful claim by benefit funds of the carpenters’ unions against their attorneys, whom they say… Continue Reading

Son v. Mother in a Judiciary Law 487 Case

Posted in Legal Malpractice News
Judiciary Law § 487 claims are unique, and arise from the oldest statute in Angol-American jurisprudence.  Often misused, the statute is infrequently applied or upheld against its target. Hersh v Weg  2015 NY Slip Op 30698(U)  April 27, 2015  Supreme Court, New York County  Docket Number: 104360/2011  Judge: Jeffrey K. Oing is a prime example. This story… Continue Reading

The Third Department on “Effectively Compelled Settlements”

Posted in Legal Malpractice News
Last week we discussed two 2d Department decisions on the issue of settlement and a subsequent legal malpractice case.  Today, a new decision from the Third Department.  Schrowang v Biscone   2015 NY Slip Op 03910   Decided on May 7, 2015  Appellate Division, Third Department brings up a familiar trope in matrimonial law.  Attorneys are paid… Continue Reading

Effectively Compelled Settlements and Legal Malpractice

Posted in Legal Malpractice News
At least in the Second Department, the principal that  a claim for legal malpractice is viable, despite settlement of the underlying action, if it is alleged that settlement of the action was effectively compelled by mistakes of counsel.  In the First Department, a line of cases has arisen which undercuts that principal.  The Second Department… Continue Reading

What is “At Issue” and What is not in a Legal Malpractice Setting?

Posted in Legal Malpractice News
Attorney-client communications are privileged, and not open to discovery in general.  In a legal malpractice case, the rules are somewhat relaxed.  If the attorney client communications are “at issue” they are discoverable.  To the extent that Plaintiff relied upon these communications to make decisions about the underlying case for which he is suing the attorneys,… Continue Reading

The End of a Legal Malpractice Case

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After years of circuitous meandering the Raghavendra action against Columbia University, its attorney and his own attorney has ended with a First Department decision in  Raghavendra v Brill,  2015 NY Slip Op 03774   Decided on May 5, 2015.   The take away from this case is that an attorney fee dispute/resolution will often moot the parallel… Continue Reading

This May Be the First Full Application of Grace v. Law in a Legal Malpractice Case

Posted in Legal Malpractice News
We’ve written that  Grace v. Law  is a game-changer in the legal malpractice field.  Previously, there was no obligation on plaintiff to undertake an appeal prior to commencing a legal malpractice case.  Now, after Grace it’s a new world, and nothing illustrates that point better than Buczek v Dell & Little, LLP   2015 NY Slip Op 03492   Decided… Continue Reading

A Long Simmering Slander Suit with a Huge Law Firm

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Flomenhaft v Finkelstein  2015 NY Slip Op 03468  Decided on April 28, 2015  Appellate Division, First Department  has been on the back burner for a long time, and now has again reached the First Department.  Attorney Flomenhaft accuses Andrew Finkelstein of slander.  Finkelstein is royalty in New York.  “Defendant Andrew Finkelstein (Finkelstein) is an attorney… Continue Reading

Wild Investing for a Trust by an Attorney and His Firm

Posted in Legal Malpractice News
Bruges Realty, Corp. v Horowitz   2015 NY Slip Op 30634(U)  April 17, 2015  Supreme Court, New York County Docket Number: 651986/2010  Judge: Saliann Scarpulla is the story of overreaching by an attorney who has been given millions of dollars to invest for several trusts.  He leaves his law firm, engages in investments not suitable for a fiduciary,… Continue Reading

Big Real Estate and a Very Bad Outcome. Was it Deceit?

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Laufer v Skillman Estates, LLC 2014 NY Slip Op 31357(U) May 23, 2014 Sup Ct, Kings County Docket Number: 503414/2013 Judge: Ann T. Pfau is the story of some New York real estate shenanigans.  The question for this court was whether this was simply one person getting (legally) skinned or was it deceit? “Defendants Moshe… Continue Reading

Plaintiff – Client Loses the “But For” Battle

Posted in Legal Malpractice News
Contrary to the belief of almost all attorneys, legal malpractice cases are rarely brought on a whim.  They are rarely brought on a reflex.  For the most part, everyone in the case, including the non-lawyer plaintiffs can identify a problem in the representation.  The actual, and often decisive battle is at the “but for” level.… Continue Reading

Sure, that Pre-Nup is Repulsive, but Sue the Lawyer?

Posted in Legal Malpractice News
Lombardi v Lombardi  2015 NY Slip Op 03334  Decided on April 22, 2015  Appellate Division, Second Department is an example of a prenuptial agreement that is so overbearing to the wife that the Appellate Division reversed summary judgment and left it for the trial court to evaluate evidence.   However, it dismissed the wife’s claim… Continue Reading

It’s The Opposite of Legal Malpractice

Posted in Legal Malpractice News
What happens when a plaintiff partnership sues and then loses?  Well, in Ernest & Maryanna Jeremias Family Partnership, L.P v Sadykov   2015 NY Slip Op 25100  Decided on April 7, 2015  Appellate Term, Second Department the next thing the plaintiff partnership does is realize that they were represented by a partner who was not an attorney.… Continue Reading

A Fee Claim, An Arbitration and Another Fee Claim

Posted in Legal Malpractice News
Jeffrey M. Rosenblum, P.C. v Casano   2014 NY Slip Op 51629(U) [45 Misc 3d 1218(A)]  Decided on November 19, 2014  District Court Of Nassau County, First District  Fairgrieve, J. is a perfect example of what all the CLEs tell attorneys not to do.  Don’t sue for small fees, because there will inevitably be a legal… Continue Reading

More On Accountant Negligence

Posted in Legal Malpractice News
We continue from Fridayh.   The facts in Hamadeh v Spaulding  2015 NY Slip Op 30027(U) January 8, 2015  Supreme Courty, New York County Docket Number: 114060/09  Judge: Marcy S. Friedman are relatively simple.  Accountant is asked how taxpayer can lessen his tax liability, a question we assume is regularly asked of CPAs.  He gives wrong advice about… Continue Reading

Lots of Issues Decided in an Accounting Malpractice Case

Posted in Legal Malpractice News
The facts in Hamadeh v Spaulding  2015 NY Slip Op 30027(U) January 8, 2015  Supreme Courty, New York County Docket Number: 114060/09  Judge: Marcy S. Friedman are relatively simple.  Accountant is asked how taxpayer can lessen his tax liability, a question we assume is regularly asked of CPAs.  He gives wrong advice about moving out of state… Continue Reading
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