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
Legal Malpractice Basics
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,…
The Rare Reversal Of Summary Judgment in a Legal Malpractice Case
By Andrew Lavoott Bluestone on
Posted in Legal Malpractice Basics, Uncategorized
The Second Department rarely reverses summary judgment in a legal malpractice setting. Of that subset of rare reversals, matrimonial legal malpractice is a very small portion. Nevertheless, in Lauder v Goldhamer
2020 NY Slip Op 01152 Decided on February 19, 2020 Appellate Division, Second Department appellant won all around.
“The plaintiff commenced this action alleging,…
Fashion Designers, Hollywood Stars and 28 Boxes of Files
By Andrew Lavoott Bluestone on
Posted in Legal Malpractice Basics
Oleg Cassini was wildly successful as a fashion designer. When he divorced, back in the 1950’s he agreed that his estate would (50%) go to his two daughters. Fast forward to the 21st century. As you might guess, the daughters were disinherited. As you might further guess, this led to litigation. It led to legal…
Continuing Relationship, Continuing Problems, Continuous Representation
By Andrew Lavoott Bluestone on
Posted in Legal Malpractice Basics
In the legal malpractice setting, continuous representation is well understood. In the medical setting, continuous treatment is well understood. The rationale is that it is better for a client/patient to stay with the professional and try to fix the mistakes/problems rather than litigate. So it is with professionals such as architects.
A Short Appellate Opinion is Like a Thin Letter from a College
By Andrew Lavoott Bluestone on
Posted in Legal Malpractice Basics
The dreaded thin letter is no different from the short appellate decision. It bodes poorly for the applicant. Bautista v Hach & Rose, LLP 2019 NY Slip Op 07528 Decided on October 22, 2019 Appellate Division, First Department. Here is the entire decision (no edits):
“Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered October…
Legal Malpractice? Perhaps. Deceit ? Not in this Case
By Andrew Lavoott Bluestone on
Posted in Legal Malpractice Basics
Jean v Chinitz 2018 NY Slip Op 05521 [163 AD3d 497] July 26, 2018
Appellate Division, First Department holds that merely hiding one’s malpractice is not deceit. Attorneys allowed three discovery demands to go unanswered and suffered dismissal. There were not exactly forthright with the client. However, some non-legal malpractice were dismissed.
“In its February…
Mistake upon Mistake in a Legal Malpractice Setting
By Andrew Lavoott Bluestone on
Posted in Legal Malpractice Basics
In an ironic example of mistakes, Plaintiff’s legal malpractice case against an individual attorney is dismissed not simply for the failure to file an affidavit of service but for the failure to ask the court to issue an order permitting late service of the affidavit.
Zheleznyak v Gordon & Gordon, P.C. 2019 NY Slip Op…