New York Attorney Malpractice Blog

New York Attorney Malpractice Blog

Category Archives: Legal Malpractice News

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Privity May Be The Most Important Element in Legal Malpractice

Posted in Legal Malpractice News
Legal Malpractice is an  attorney’s failure to use minimally adequate levels of care, skill or diligence in the performance of representation of the client, causing harm. In New York, attorney malpractice is defined as a deviation or departure from good and accepted legal practice, where the client has been proximately damaged by that deviation, but… Continue Reading

The Elusive Judiciary Law 487 Claim

Posted in Legal Malpractice News
Judiciary Las § 487 claims are widely brought, but remain elusive.  Courts seem to want to reserve them for the most egregious situations, and will dismiss any number of cases that do not meet their catastrophic criteria. Gumarova v Law Offs. of Paul A. Boronow, P.C.   2015 NY Slip Op 05155  Decided on June 17, 2015… Continue Reading

Several Important Lessons in a Workers’ Compensation – Personal Injury Legal Malpractice Case

Posted in Legal Malpractice News
A frequently recurring legal malpractice issue arises when one law firm handles a workers’ compensation case arising from a personal injury.  One such example is  Lindsay v Pasternack Tilker Ziegler Walsh Stanton & Romano LLP  2015 NY Slip Op 04819  Decided on June 10, 2015  Appellate Division, Second Department.  There are three lessons to be… Continue Reading

So, It’s Actually a Legal Malpractice Case?

Posted in Legal Malpractice News
In a situation where one needs the program to know who the players are, Miuccio v Straci   2015 NY Slip Op 05101  Decided on June 16, 2015  Appellate Division, First Department appears to be a legal malpractice case.  However, one needs to read well into the short opinion to gather that Plaintiff is suing Defendant… Continue Reading

Legal Malpractice Case Sputters to a Halt

Posted in Legal Malpractice News
Coccia v Liotti  2015 NY Slip Op 04801  Decided on June 10, 2015  Appellate Division, Second Department is a strange case.  Mr. Liotti is a well known legal malpractice defendant.  This legal malpractice case sputtered to a halt after Plaintiff successfully wiped out all of Mr. Liotti’s counterclaims for fees.  We are perplexed. “In 2003,… Continue Reading

Death and Money in the Legal Malpractice World

Posted in Legal Malpractice News
This case is the sad story of bad medicine, bad guardianships and death. Sutch v Sutch-Lenz 2015 NY Slip Op 04692  Decided on June 4, 2015  Appellate Division, Third Department.  It starts off with medical malpractice, the death of a father-husband in a flight school training accident, success in the medical malpractice and a money… Continue Reading

The Rare Criminal – Legal Malpractice Case

Posted in Legal Malpractice News
Today, we will examine the criminal conviction – legal malpractice case from Plaintiff’s point of view.  Dawson v Schoenberg 2015 NY Slip Op 04603  Decided on June 3, 2015  Appellate Division, Second Department is really a disheartening view of human interactions.  It seems that everyone in this story was poorly treated. From the decision on… Continue Reading

A Real Estate Deal Goes Bad. Is the Attorney to Blame?

Posted in Legal Malpractice News
Weinberg v Sultan   2015 NY Slip Op 30932(U)  June 1, 2015  Supreme Court, New York County Docket Number: 652273/2013  Judge: Cynthia S. Kern is the story of a building owner who let a valuable building on West 46th Street slip out of her hands after 40 years.  Is the attorney to blame? “The following facts… Continue Reading

Arbitration in Legal Malpractice Litigation

Posted in Legal Malpractice News
Many large law firm retainer agreements contain arbitration clauses.  It is our guess that the law firms believe that respondent has the better hand in arbitration, that arbitration is costly and not particularly beckoning to Plaintiffs, and that arbitrators will be kinder to the law firm than would a jury.  Arbitration clauses are enforceable, and… Continue Reading

How Do These Things Happen in a Legal Malpractice Case?

Posted in Legal Malpractice News
Irony is a state of affairs or an event that seems disturbingly contrary to what one expects.  Legal malpractice concerns the effects of human error in the litigation of client’s cases.  It is highly ironic when mistakes are made in the litigation of legal malpractice cases.  Here is one example. Yuan v Kaplan  2015 NY Slip Op 04637… Continue Reading

The “Wishna Umbrella” and Legal Malpractice

Posted in Legal Malpractice News
Sometimes a story sounds bad on first reading, and changes thereafter.  This story sounds worse on second reading.  It reeks of non-actionable wrongs suffered by a not-so-astute plaintiff. Mizrahi v Adler  2014 NY Slip Op 31701(U)  June 30, 2014  Sup Ct, NY County  Docket Number: 650802/2010  Judge: O. Peter Sherwood is a retelling of a… Continue Reading

Does the Document Conclusively Defeat the Legal Malpractice Case?

Posted in Legal Malpractice News
Divorce proceedings lead to a large number of legal malpractice inquiries.  They are generally in the nature of “I did not get enough/gave too much in the divorce.  Is it legal malpractice?   Sometimes it is.  In Tanenbaum v Molinoff  2014 NY Slip Op 04186 [118 AD3d 774]  June 11, 2014  Appellate Division, Second Department it was… Continue Reading

A Huge Battle in a Lower Court Exceeds its Usual Jurisdictional Limits

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 an example of what happens when law firms sue to obtain payments.  They trigger lots of litigation and almost always. a legal malpractice counterclaim.  Here, in… Continue Reading

The Melcher Replica Kitchen

Posted in Legal Malpractice News
Sometimes a cigar is simply a cigar, and sometimes plaintiffs have to produce wildly expensive trial props.  In Melcher v Greenberg Traurig LLP 2015 NY Slip Op 30855(U)  May 18, 2015  Supreme Court, New York County  Docket Number: 650188/2007  Judge: O. Peter Sherwood a scene not unlike the Pumpkin Papers case unfolded.  Here is Judge Sherwood… Continue Reading

An Interesting Insight into Judiciary Law 487 and Timing

Posted in Legal Malpractice News
As we started discussing yesterday, Melcher v Greenberg Traurig LLP  2015 NY Slip Op 30855(U)  May 18, 2015  Supreme Court, New York County  Docket Number: 650188/2007  Judge: O. Peter Sherwood is a historic case.  In the Court of Appeals, it was determined that this deceit statute is not really a statute at all; it is part… Continue Reading

Another Chapter in the Melcher Saga

Posted in Legal Malpractice News
Melcher v Greenberg Traurig LLP  2015 NY Slip Op 30855(U)  May 18, 2015  Supreme Court, New York County  Docket Number: 650188/2007  Judge: O. Peter Sherwood is a very (very) important case in the Judiciary Law § 487  world.  When the case went to the NY Court of Appeals, it led to the decision  that JL 487 arrives directly… Continue Reading

Serving Two Masters, When Neither May Be Insured

Posted in Legal Malpractice News
Legal malpractice insurance, which one might think is a subject reserved solely for the attorney, is truly a subject of interest to the plaintiff as well.  No insurance may lead to no settlement.  Hence… Here the insurance company would like to disclaim on the basis that the attorney was actually doing business as an education… Continue Reading

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
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