New York Attorney Malpractice Blog

New York Attorney Malpractice Blog

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Why Was This Legal Malpractice Case Brought?

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We’re having a little trouble understanding what went wrong in the transaction, and why the legal malpractice case was brought.  It looks like the sub-sub-lessor bought the sub-lessor’s stock and then encountered trouble with the landlord.  However, that theory emerged only on appeal.  So, in Salyamov v Lyhovsky  2017 NY Slip Op 00929  Decided on February… Continue Reading

How Might A Legal Malpractice Case Play Out Here?

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The New York Law Journal reported a “drastic sanction” against a medical malpractice defense firm today in Lucas v Stam  2017 NY Slip Op 01190  Decided on February 15, 2017  Appellate Division, Second Department. “This medical malpractice action arises from ophthalmological surgery performed on September 5, 2007, on the plaintiff’s decedent by the defendant William M.… Continue Reading

A Legal Malpractice Verdict

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Jury verdicts in the Legal Malpractice field are rare.  Most cases are settled, and the balance are disposed of in motion practice.  We are proud to share a New York Law Journal news article with you about this Legal Malpractice Jury Verdict from Supreme Court, Westchester County. “A jury awarded nearly $400,000 to a Westchester… Continue Reading

Summary Reversal in a Legal Malpractice Case…But What Lies Below?

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Salyamov v Lyhovsky  2017 NY Slip Op 00929  Decided on February 7, 2017  Appellate Division, First Department is a very short, very direct reversal of summary judgment in which the AD reverses the opinion of Justice Wright, who has since been transferred from Supreme Court to Family Court.  How could there have been such a… Continue Reading

A Couple of Interesting Doctrines In This Legal Malpractice Case

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Legal malpractice is an arcane and complicated body of law.  It has certain doctrines and principles that do not show up in other areas of the law.  Some are found in medical malpractice and some are found nowhere else.  The attorney-judgment rule is one doctrine that is shared with medical malpractice. The “but for ”… Continue Reading

All the 2016 Judiciary Law 487 Cases

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Continuing to review the 2016 Judiciary Law § 487 Cases: Titan Capital ID, LLC v Eshaghpour  2016 NY Slip Op 31925(U)  October 13, 2016 Supreme Court, New York County  Docket Number: 650128/2016  Judge: O. Peter Sherwood On Oral Argument the JL 487 was withdrawn on consent   M.T. Packaging, Inc. v Fung Kai Hoo  2016 NY Slip Op… Continue Reading

Judiciary Law 487 Cases of 2016

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We continue to review Judiciary Law §487 cases frp 2016: 19.  Kaplan v Valley Natl. Bank  2016 NY Slip Op 51108(U) [52 Misc 3d 1210(A)]  Decided on July 20, 2016  Supreme Court, Suffolk County  Emerson, J. “The plaintiff’s mother, Marilyn Kaplan, executed a will in 1994, leaving her interest in the home that she shared with… Continue Reading

As In Legal Malpractice, So In Accounting Malpractice

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There are some differences between legal malpractice and accounting malpractice, but far more similarities.  One major difference, as set forth in New York State Workers’ Compensation Bd. v Fuller & LaFiura, CPAs, P.C.  2017 NY Slip Op 00225  Decided on January 12, 2017 Appellate Division, Third Department is that traditionally accountants do work in one tax-year… Continue Reading

Not Your Attorney? Then No Legal Malpractice Claim

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Divorce is a huge step.  It ends a marriage and brings with it seismic shock.  When (as always) this type of event is coupled with legal representation, the client will often blame the attorney for the outcome.  Sometimes this is warranted, and sometimes not.  Barrett v Goldstein 2017 NY Slip Op 30010(U) January 3, 2017… Continue Reading

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?

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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
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