New York Attorney Malpractice Blog

New York Attorney Malpractice Blog

Category Archives: Uncategorized

Subscribe to Uncategorized RSS Feed

All The Judiciary Law 487 Cases of 2016 (3)

Posted in Legal Malpractice Cases, Uncategorized
We continue with the cases: 7.  Neroni v Follender  2016 NY Slip Op 01527 [137 AD3d 1336]  March 3, 2016  Appellate Division, Third Department is the story of a defendant who was sued and lost, then turned around and sued the plaintiffs and their attorneys not unlike a poster-child for the principle of privity.  It… Continue Reading

Mistakes ? Sure…So What?

Posted in Uncategorized
Bullock v Miller  2016 NY Slip Op 08268  Decided on December 8, 2016  Appellate Division, Third Department is a perfect example of how the “but for” portion of the legal malpractice world works, or alternatively, an example of how court tend to protect attorneys from their own mistakes. Plaintiff demonstrates at least one statutory shortcoming where… Continue Reading

Today’s New York Law Journal

Posted in Uncategorized
We are pleased to announce that a unique case brought by this office in the United States District Court, Southern District of New York, and then appealed to the Second Circuit Court of Appeals has been certified to the New York State Court of Appeals.  Today’s New York Law Journal article by Mark Hamblett discusses the facts.… Continue Reading

Wrongdoers Here, There and Potentially in the Netherlands

Posted in Uncategorized
Two things stand out in the Bernie Madoff spin-off case.  The first is that everyone involved has been determined to be a wrongdoer, and the second is that the case should have taken place in the Netherlands. In New Greenwich Litig. Trustee, LLC v Citco Fund Servs. (Europe) B.V.  2016 NY Slip Op 06796  Decided on October… Continue Reading

“Am I My Brother’s Keeper” Plays Out in a Legal Malpractice Setting

Posted in Uncategorized
Supreme Court, Nassau County answered yes to the question.  This tragic story pits brother against brother, with the innocent and the guilty tormented alike. From the decision in Galasso, Langione, & Botter, LLP v Galasso  2016 NY Slip Op 51308(U) Decided on September 19, 2016  Supreme Court, Nassau County  DeStefano, J.: “In 1993, the Firm hired… Continue Reading

A Small Case III

Posted in Uncategorized
Sometimes short and concisely written opinions contain much information. Today, we cconclude with  Jefferson Apts., Inc. v Mauceri  2016 NY Slip Op 26230  Decided on July 25, 2016  Supreme Court, Queens County  Ritholtz, J. are simple.  An accounting firm is hired to oversee the basic accounting needs of a corporation.  Lots of money is missing.… Continue Reading

Contribution and Indemnity in Legal Malpractice

Posted in Uncategorized
Contribution is the concept that one party might owe another party the obligation to share in the bad times…and to be financially responsible for a claim or verdict against the first party.  It matters whether the claim is for tort or contract.  In legal malpractice the lines are blurred, but when the contribution is for… Continue Reading

An Ancient Statute is Put To A New Use

Posted in Uncategorized
Judiciary Law § 487 is an ancient statute, emanating from long-ago England centuries before Brexit.  In Charles Deng Acupuncture, P.C. v Titan Ins. Co.  2016 NY Slip Op 26211  Decided on June 30, 2016  Civil Court Of The City Of New York, Kings County  Montelione, J. we see (what appears to us) a unique and completely new… Continue Reading

The Counterclaim Was Very Late, But Still has Some Power

Posted in Uncategorized
Plaintiff law firm sues for unpaid fees. Knowingly, they wait more than three years after the end of the relationship to do so.  Client files a legal malpractice counterclaim.  Is it too late?  The answer is “kinda.” Balanoff v Doscher  2016 NY Slip Op 04896  Decided on June 22, 2016  Appellate Division, Second Department reminds us that… Continue Reading

In Pari Delicto and Dismissal of Claims

Posted in Uncategorized
Was the wrongdoer a rogue or a trusted insider?  Should the professional have deduced that there was wrongful conduct which damaged the corporation?  If it was not discovered is there malpractice? Stokoe v Marcum & Kliegman LLP  2016 NY Slip Op 00587 [135 AD3d 645]  January 28, 2016 Appellate Division, First Department answers some of… Continue Reading

Extremely Sophisticated Clients, Extremely Sophisticated Attorneys and Judiciary Law 487

Posted in Uncategorized
Justice Kornreich defends the integrity and reach of New York courts in GE Oil & Gas, Inc. v Turbine Generation Servs., L.L.C.  2016 NY Slip Op 50825(U)  Decided on May 27, 2016 Supreme Court, New York County  Kornreich, J. which is a high-level commercial case over the question of loan v. investment.  Of interest to us… Continue Reading

Picking The Right Kind Of Expert is So Important

Posted in Uncategorized
Caso v Miranda Sambursky Slone Sklarin, Verveniotis LLP  2016 NY Slip Op 30965(U) May 26, 2016  Supreme Court, New York County  Docket Number: 159192/2015  Judge: Carol R. Edmead is an example of a fact studded complaint which alleges a cause of action, but then shreds under analysis by the Court.  Was it because the wrong kind… Continue Reading

Sure, Plaintiff Pled a Good Case; It is dismissed nevertheless

Posted in Uncategorized
Caso v Miranda Sambursky Slone Sklarin, Verveniotis LLP   2016 NY Slip Op 30965(U) May 26, 2016  Supreme Court, New York County  Docket Number: 159192/2015  Judge: Carol R. Edmead is an example of a well pled complaint which shreds at the CPLR 3211 stage.  Today, we  examine the underlying claimed departures and how the Court treated these… Continue Reading

A Very Confusing Manhattan Real Estate Case

Posted in Uncategorized
We challenge you to make sense of this follie a deux.  Sanko v Roth  2016 NY Slip Op   30930(U)  May 17, 2016  Supreme Court, New York County  Docket Number: 650025/14 Judge: Gerald Lebovits.  The defendant is either plaintiff’s attorney or not.  He either started cases for plaintiff as his attorney or he did not.  We… Continue Reading

A Different Approach to Legal Malpractice and Overbilling

Posted in Uncategorized
It’s the first time we have seen this approach. Plaintiff sues for a declaratory judgment that Defendant attorneys overbilled their client, as well as on claims of legal malpractice.  In Berardi v Phillips Nizer, LLP  2016 NY Slip Op 30860(U)  May 6, 2016  Supreme Court, New York County Docket Number: 157690/2012  Judge: Nancy M. Bannon the… Continue Reading

Bankruptcy and Legal Malpractice

Posted in Uncategorized
Plaintiff got herself into a world of money trouble, and did not seem to have a way out.  When Bankruptcy beckoned, she filed a petition.  In doing so, all of her legal malpractice claims were lost.  How did this happen? Burbacki v Abrams, Fensterman, Fensterman, Eisman, Formatto, Ferrara & Wolf, LLP  2016 NY Slip Op 30749(U)… Continue Reading

Effectively Compelled to Settle the Case

Posted in Uncategorized
Albany:  Each of the four Appellate Division departments has its own case on the issue of whether a legal malpractice case may be brought after a settlement.  The standard is whether the settlement was “effectively compelled by mistakes of counsel.”  In the Third Department that case is Marchell v. Littman, 107 AD3d 1082.  In the Second Department… Continue Reading

Judiciary Law 487 Applies Only to Attorneys

Posted in Uncategorized
Albany, NY:  The Third Department considered a pro-se appeal, and found against plaintiff. Neroni v Follender 2016 NY Slip Op 01527  Decided on March 3, 2016  Appellate Division, Third Department.  All in all, things turned out poorly for plaintiff. “In 2007, defendant Jonathan S. Follender (hereinafter Follender) and his law firm, defendant Jonathan S. Follender, P.C.… Continue Reading

Professional Malpractice is For Professionals

Posted in Uncategorized
Vista Food Exch., Inc. v BenefitMall  2016 NY Slip Op 02923  Decided on April 14, 2016 Appellate Division, First Department is an example of the tendency to apply a winning template to almost any situation.  The AD found the template inapplicable in this setting. “Plaintiff alleges that it relied on defendants’ advice in outsourcing its… Continue Reading

Account Stated is a Very Strong Doctrine

Posted in Uncategorized
A bill is sent, and a partial payment is made.  More bills are sent, and the client just stops paying. The case does not go well, and there is a dispute between client and attorney.  When the attorney sues for fees, what will be the outcome? More often than not, the account stated principle comes… Continue Reading

Forensic Testing and Spoliation in Legal Malpractice Litigation

Posted in Uncategorized
Today we once again look at Doviak v Finkelstein & Partners, LLP  2016 NY Slip Op 01636 Decided on March 9, 2016  Appellate Division, Second Department, this time for the question of spoliation in a legal malpractice setting.  What happens when a particular piece of paper assumes enormous importance and might require forensic testing for fingerprints?… Continue Reading
.