New York Attorney Malpractice Blog

New York Attorney Malpractice Blog

Category Archives: Uncategorized

Subscribe to Uncategorized RSS Feed

How Egregious Must The Act Be?

Posted in Legal Malpractice Cases, Uncategorized
Judiciary Law § 487 is a harsh, almost medieval law, with treble damages and a potential criminal conviction lurking.  The Appellate Division has said that it is not lightly granted, and in Brookwood Cos., Inc. v Alston & Bird LLP  2017 NY Slip Op 00535 [146 AD3d 662]  January 26, 2017  Appellate Division, First Department looks at… Continue Reading

Does “The Plaintiff’s then husband” Explain This Case?

Posted in Uncategorized
It seems that when the husband was injured, the defendant law firm sued for both him and the wife (in loss of consortium).  Years later it was said that the plaintiff signed a release for her “loss of services” claim.  She denies settling her portion of the case.  What happened?  Were they now divorced and… Continue Reading

Just How Immediate Was That Benefit?

Posted in Uncategorized
In big financial transactions, big law firm 1 may often interact with big law firm 2 in the generation of loan documents, opinion letters and the such.  Their interaction, viz-a-viz the clients (on both sides) may yield significant risk the law firms. Bloostein v Morrison Cohen LLP  2017 NY Slip Op 30833(U)  April 21, 2017  Supreme… Continue Reading

How Will this Conviction Thing Shake Out?

Posted in Uncategorized
Last week we reported a cataclysmic event in Judiciary Law 487.  It was Magistrate Scott’s report and recommendation  in Bounkhoun v. Barnes, 15-cv-631A. District Judge Richard Arcara is presiding over the case.  He wrote:  “Where does all of the above analysis leave plaintiff? Plaintiff has pled that defendants ignored her desire to settle her case,… Continue Reading

Posted in Uncategorized
We wrote about this case last week.  Today the NYLJ writes an article.  What is this all about, and is it an earthquake in the Judiciary Law § 487 world?  Joel Stashenko writes:  “A client dissatisfied with her attorneys’ work in a personal injury case cannot bring a legal misconduct claim under state Judiciary Law because… Continue Reading

This Classic Case Was Dismissed…Why?”

Posted in Uncategorized
There can be no more classic case in legal malpractice than that of a passenger who is injured in a car accident, whose attorney fails to start the case.  Nevertheless, Atiencia v Pinczewski, 2017 NY Slip Op 01839  Decided on March 15, 2017  Appellate Division, Second Department was dismissed in Kings County. The Appellate Division could hardly… Continue Reading

Did This Pro-Se Plaintiff Go Too Far?

Posted in Legal Malpractice Cases, Uncategorized
Sometimes, people get a tad too worked up over the small things.  Ruffalo v Iannace 2017 NY Slip Op 50296(U)  Decided on March 9, 2017  Supreme Court, Westchester County Marx, J. might be an example. “Plaintiff moves for an order permitting him to proceed as a poor person and for assignment of counsel in this… Continue Reading

A Federal Take on Judiciary Law 487

Posted in Uncategorized
Sometimes it takes a federal court decision to clarify the current state of the law in a discrete area. CANON U.S.A., INC., et al, Plaintiffs, v. DIVINIUM TECHNOLOGIES, INC., et al., Defendants. No. 15 Civ. 1804 (PAC). United States District Court, S.D. New York.February 21, 2017. Judge Crotty neatly sets forth the application of Judiciary Law § 487, whether it… Continue Reading

Why Was This Legal Malpractice Case Brought?

Posted in Uncategorized
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?

Posted in Uncategorized
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

Posted in Uncategorized
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?

Posted in Uncategorized
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

Posted in Uncategorized
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

Posted in Uncategorized
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

Posted in Uncategorized
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

Posted in Uncategorized
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

Posted in Uncategorized
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?

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
.