Grace v. Law is a Court of Appeals case which holds that a legal malpractice case cannot successfully be pursued unless an appeal of the underlying negative outcome is commenced when it is likely that the appeal will succeed. In a novel argument, plaintiff in Colucci v Rzepka 2022 NY Slip Op 06043 Decided on
Legal Malpractice Basics
Broad Terms in a Settlement Agreement Might Not Really Be a Release
By Andrew Lavoott Bluestone on
Posted in Legal Malpractice Basics
Over the years, settlement agreements, multi-pages of releases and representations have come to be the norm. No longer is a Blumberg release sufficient. In Stolper v Burbacki 2021 NY Slip Op 06822 Decided on December 07, 2021 Appellate Division, First Department the agreement contained typical language such as releasing “lawyers, and all others who may…
A Loss With Little Explanation
By Andrew Lavoott Bluestone on
Posted in Legal Malpractice Basics
The law firm represented itself. No appearance shows for Respondent. Appellant nevertheless loses in Napoli v Rubin 2021 NY Slip Op 06180
Decided on November 10, 2021 Appellate Division, Second Department. Sadly, the Appellate Division gives very little explanation of why.
“In March 2017, the plaintiff commenced this action to recover damages for legal malpractice,…
Oral Argument Really Made a Difference
By Andrew Lavoott Bluestone on
Posted in Legal Malpractice Basics
Sometimes at oral argument an Appellate Court already has a decision pretty much written and is giving the parties a chance to air their dispute. Sometimes, as apparently in Halwani v Boris Kogan & Assoc., P.C. 2021 NY Slip Op 06039 Decided on November 04, 2021 Appellate Division, First Department, oral argument really [really] makes…
Some Blackletter Law on CPLR 3211 Motions and Judiciary Law 487
By Andrew Lavoott Bluestone on
Posted in Legal Malpractice Basics
Although the Appellate Division did not really link the case facts to the blackletter law, Bianco v Law Offs. of Yuri Prakhin 2020 NY Slip Op 07849 [189 AD3d 1326] December 23, 2020 Appellate Division, Second Departmentis worthwhile reading for the discussion of burdens in a CPLR 3211 setting and the basic definition of a…
Lose It Once, Lose it Twice
By Andrew Lavoott Bluestone on
Posted in Legal Malpractice Basics
In Pritsker v Zamansky LLC 2021 NY Slip Op 02767 [194 AD3d 432]
May 4, 2021 Appellate Division, First DepartmentPlaintiff tried to bring this claim in 201`7, only to face dismissal. When the Claim was brought again, albeit it a different form, it was again dismissed.
“This action is barred by the doctrine of…
Accountants May Rely On Client Information Without Checking
By Andrew Lavoott Bluestone on
Posted in Legal Malpractice Basics
Professional negligence is different in different professions. Attorneys are held to a standard of practice which requires them to to engage in greater background investigation than do the rules for accountants. Deane v Brodman 2021 NY Slip Op 01842 [192 AD3d 577] March 25, 2021
Appellate Division, First Department discusses whether an accountant may rely…
Lot Line Windows and Legal Malpractice
By Andrew Lavoott Bluestone on
Posted in Legal Malpractice Basics, Uncategorized
Real Estate in Manhattan, whether in a pandemic or not, remains a very significant economic force. Real estate transactions remain a very significant portion of the legal malpractice world in NYC. Here, a multi-million dollar co-op purchase went sour over the next door building’s right to add several floors and a penthouse. The addition would…
In the Weeds with a Historical Case
By Andrew Lavoott Bluestone on
Posted in Legal Malpractice Basics
The underlying history of Oberlander v Wolf 2020 NY Slip Op 50263(U)
Decided on February 25, 2020 Supreme Court, Suffolk County St. George, J. goes way back to issues surrounding Felix Sater. If you recognize that name, you can see the depth of history associated with this case. The story of the case and present…
This Case Was Doomed From the Onset
By Andrew Lavoott Bluestone on
Posted in Legal Malpractice Basics
Rockland County: First, the house was lost to foreclosure. Then the case was lost to res judicata. Doomed from the beginning, the plaintiff was then deprived of the right to start another action or bring another motion. Eaddy v U.S. Bank N.A. 2020 NY Slip Op 01047 Decided on February 13, 2020 Appellate Division,…