New York Attorney Malpractice Blog

New York Attorney Malpractice Blog

Category Archives: Legal Malpractice News

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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

A Legal Malpractice Date Missed; A Legal Malpractice Case Lost

Posted in Legal Malpractice News
It’s ironic when a legal malpractice case, which alleges that the attorneys being sued departed from good and accepted practice is itself dismissed for technical reasons.  Risk Control Assoc. Ins. Group v Maloof, Lebowitz, Connahan & Oleske, P.C.  2015 NY Slip Op 03067  Decided on April 9, 2015  Appellate Division, First Department is one such example.… Continue Reading

What Happens When The Retainer Agreement Overreaches?

Posted in Legal Malpractice News
The retainer agreement in McCallion & Assoc., LLP v Dyche  2014 NY Slip Op 32254(U)  August 20, 2014 Supreme Court, New York County  Docket Number: 157793/13  Judge: Joan A. Madden is not overtly onerous.  It, like Matter of Lawrence does allow for a very large fee.  Take a look at how Judge Madden of New York County… Continue Reading

A Scam, an Attorney, But No Legal Malpractice

Posted in Legal Malpractice News
Goldin v Tag Virgin Is. Inc.  2014 NY Slip Op 31308(U)  May 20, 2014  Supreme Court, New York County Docket Number: 651021/2013  Judge: Eileen Bransten is an example of overreaching.  The law of legal malpractice in New York cleaves to a policy of strict privity.  If you did not hire the attorney, and the attorney… Continue Reading

A Skirmish on the Way to a Battle

Posted in Legal Malpractice News
When a client has multiple remedies, such as personal injury, wrongful death, pain and suffering, as well as workers’ compensation, sometimes the attorneys focus on one to the detriment of another remedy.  Such is what seems to have happened in Lirano v Grimble & Logudice, LLC    2014 NY Slip Op 32346(U)   September 3, 2014  Supreme… Continue Reading

No Deceit Proven; Overbilling, Perhaps

Posted in Legal Malpractice News
Some of the largest law firms in New York are the personal injury giants Jacoby & Meyers LLP and Finkelstein & Partners.  All across upstate New York, wherever there are cars and personal injuries, you’ll find their offices.  One of the institutional problems of the personal injury world is the expense of litigation.  Smaller firms… Continue Reading

Perjury or Deceit…You Decide

Posted in Legal Malpractice News
Outgoing Supreme Court Justice Milton Tingling gave short shrift to Plaintiff’s argument that Defense counsel had committed a violation of Judiciary Law § 487.  The judge let plaintiff know that enough was enough on this “perjury” thing.  Anyway, read it in  Manhattan Telecom. Corp. v Jackson  2014 NY Slip Op 32053(U)   February 24, 2014   Sup Ct,… Continue Reading

Summary Judgment Reversed, Attorneys Still In The Case

Posted in Legal Malpractice News
The Second Department rarely reverses Supreme Court’s grant of Summary Judgment to the attorneys in a legal malpractice case, but Smith v Kaplan Belsky Ross Bartell, LLP  2015 NY Slip Op 02108  Decided on March 18, 2015  Appellate Division, Second Department is one example. “The plaintiffs were former executives of Odyssey Pictures Corporation (hereinafter Odyssey) and members… Continue Reading

When Are Hands Unclean Enough in a Legal Malpractice Case?

Posted in Legal Malpractice News
Pari Delicto or unclean hands is a principal that the courts should not decide between wrongdoers.  When may the court use this principal to wipe the board clean and allow no-one to bring a legal malpractice or a judiciary law 487 claim? In Savitt v Greenberg Traurig, LLP  2015 NY Slip Op 02003  Decided on March 12, 2015… Continue Reading

A Bright Line Rule In Continuous Representation

Posted in Legal Malpractice News
When does Continuous representation end?  Sometimes a matter of days can be decisive.  In Alizio v Ruskin Moscou Faltischek, P.C.  2015 NY Slip Op 01909  Decided on March 11, 2015 Appellate Division, Second Department it was the difference between April 20 and May 10.  If continuous representation ended on April 20 the complaint was late.  If… Continue Reading

Motion To Dismiss Denied, But Little Advice For the Practitioner

Posted in Legal Malpractice News
When does continuing representation end?  In the absence of a bright line rule, the Courts and practitioners have to rely upon arguments that the representation continued while there was a continuing relationship of trust and confidence and a shared understanding of the need for more work on the case.  An alternative bright line rule might… Continue Reading

Unpaid Legal Fees Are a Very Common Cause of Legal Malpractice Cases

Posted in Legal Malpractice News
CLEs on professional malpractice always discuss the question of whether attorney fee claims trigger legal malpractice counterclaims.  They do.  Sometimes the counterclaim is unwarranted.  Often it is not.  The coupling of fee claim-malpractice counterclaim stains the entire field.  Attorneys commonly brand all legal malpractice as fee-avoidance or, at best, misguided emotional response.   Anyway… Wagner… Continue Reading

The Extremely Rare Criminal Legal Malpractice Case

Posted in Legal Malpractice News
In general, the rule in legal malpractice claims after a criminal prosecution is that the plaintiff must show “actual innocence” in order to sue the criminal defense attorney.  This principal prevents 99% of criminal defendants from proceeding.   Meralla v Goldenberg   2015 NY Slip Op 01873   Decided on March 5, 2015   Appellate Division, First Department is… Continue Reading

Another Judiciary Law 487 Claim Survives in Kings County

Posted in Legal Malpractice News
In a fairly normal fashion, without much to indicate why the pleading was good enough, Supreme Court, Kings County has denied a CPLR 3211 motion to dismiss in Farkas v Mascolo 2015 NY Slip Op 01605  Decided on February 25, 2015  Appellate Division, Second Department. “On a motion pursuant to CPLR 3211(a)(7) to dismiss a complaint… Continue Reading
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