New York Attorney Malpractice Blog

New York Attorney Malpractice Blog

Monthly Archives: October 2018

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Tort v. Contract in Professional Negligence

Posted in Legal Malpractice Cases
Cathedral Gardens Condo Assn. v 110th St.  Equities, LLC.  2018 NY Slip Op 32618(U) October 15, 2018 Supreme Court, New York County Docket Number: 600175/2009 Judge: William Franc Perry stands for the principle that there can be either direct liability for a failure to provide professional services (tort) which brings “loss of asset” style damages, or there can be… Continue Reading

Posted in Legal Malpractice Cases
The Client is deaf.  A settlement is reached in his case.  The attorneys translate the settlement proposal to American Sign Language and the settlement is sealed.  The client then says that the settlement amount is not that which was translated.  He says he is getting less than he was told in ASL.  What to do?… Continue Reading

The Curtain Falls on a Legal Malpractice Case

Posted in Legal Malpractice Cases
We have often wondered at the quick demise of businesses that have spent a lot of money and time setting up a storefront, only to close 4 or 5 months later.  How could the owner invest so much and either mistake the customer base or make some other vast miscalculation?  Agatha LLC v Heller 2018 NY… Continue Reading

Two Lessons From a Legal Malpractice

Posted in Legal Malpractice Basics, Legal Malpractice Cases, Uncategorized
Armstrong v. Blank Rome LLP, Supreme Court, New York County, Index No. 651881/2013, Justice David B. Cohen, J., offers three lessons in a matrimonial – legal malpractice case.  The first is that such a case can survive the post-Katebi v. Fink landscape. The second is that an unexplained conflict of interest can lead to a good Judiciary… Continue Reading

No Legal Malpractice in the Unauthorized Practice of Law

Posted in Legal Malpractice Cases
Spiegel v Ahearn  2018 NY Slip Op 32472(U)  October 1, 2018  Supreme Court, New York County Docket Number: 101251/2016  Judge: Melissa A. Crane is a very unusual case. “Between 2006 and 2012, plaintiff pro se Michael Spiegel and defendants Thomas Ahearn, Liridona Kastrat, Kristopher Kennington, and David Ortiz were employed by the Hotel Edison (“Hotel”), located on West 47th Street in… Continue Reading

Duplication but no Duplicity in this Professional Malpractice Case

Posted in Legal Malpractice Cases
The development of an apartment building in Manhattan is a mega-big thing.  Not only does it cost a lot, but there are a large number of difficult rules. W 106 Dev. LLC v Pilla  2018 NY Slip Op 32596(U)  October 10, 2018  Supreme Court, New York County  Docket Number: 654801/2016 Judge: Debra A. James  makes it clear that even… Continue Reading

Professional Malpractice v. Negligent Misrepresentation

Posted in Legal Malpractice Cases
In Sutton Animal Hosp. PLLC v D&D Dev., Inc.  2018 NY Slip Op 32425(U)  September 24, 2018  Supreme Court, New York County  Docket Number: 652781/2016  Judge Debra A. James discusses the difference between negligence of a professional to one in privity and to one only in quasi-privity.  The difference is enormous. “Moving defendants are correct that “‘recovery will not be granted to… Continue Reading

No Summary Judgment Here – For Either Side

Posted in Legal Malpractice Cases
Millian v Hafif & Assoc., PLLC   2018 NY Slip Op 51421(U)  Decided on October 9, 2018  Supreme Court, New York County  St. George, J. is the story of a condo purchase gone wrong.  Many of the construction legal malpractice cases arise from water damages, as does this one. “In this legal malpractice case, plaintiffs allege that defendants were… Continue Reading

A Rare Split the Baby Decision

Posted in Legal Malpractice Cases
It is our experience that Courts more often dismiss an entire legal malpractice case rather then dissect the various claims and keep some while jettisoning the balance. Here, in Sehgal v DiRaimondo  2018 NY Slip Op 06619  Decided on October 4, 2018  the Appellate Division, First Department does just that. “Plaintiff, a lawful permanent resident of the United… Continue Reading

Privity and Near Privity in a Real Estate Setting

Posted in Legal Malpractice Cases
It was a $22 Million real estate purchase, and it was built on faulty foundations.  In 71 Park Ave. S., LLC v Fox Rothschild LLP  2018 NY Slip Op 32451(U)  October 1, 2018  Supreme Court, New York County  Docket Number: 158900/2017  Judge Saliann Scarpulla determines that one of the entities has no privity (and therefore no case) while the other… Continue Reading

Narrow Exception to Privity? Yes. Continuous Representation? No.

Posted in Legal Malpractice Cases
It is the rare legal malpractice case that falls into the privity exception.  As a matter of social policy and definitely to limit legal malpractice cases, Courts impose a very strict privity requirement.  No attorney-client relationship, no legal malpractice case, with a small exception for fraud or malice. Webster v Sherman  2018 NY Slip Op… Continue Reading

A Tangled Accountant Malpractice Timeline

Posted in Legal Malpractice Cases
Golub v Shalik, Morris & Co., LLP  2018 NY Slip Op 32358(U)  September 21, 2018  Supreme Court, New York County  Docket Number: 158055/2017  Judge: Barbara Jaffe presents a difficult analysis of the statute of limitations. When it commences and whether continuing representation tolls the statute are the cornerstones of this opinion. “On August 16, 2012, ARG transferred his 50 percent… Continue Reading

Litigation Costs and Damages in Legal Malpractice

Posted in Legal Malpractice Cases
Jonns v Fischbarg  2018 NY Slip Op 32353(U)  September 18, 2018  Supreme Court, New York  County  Docket Number: 150729/2017 Judge: Kathryn E. Freed which we discussed yesterday for its lesson on the statute of limitations is also worthwhile to read for how litigation costs can be part of legal malpractice damages.  In short, those damages can include litigation expenses incurred… Continue Reading
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