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,…

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…

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.

Jeffrey Berman Architect v …

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…

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…

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…

Garr Silpe, P.C. v Gorman  2019 NY Slip Op 32248(U)  July 26, 2019  Supreme Court, New York County Docket Number: 650247/2017 Judge: Kathryn E. Freed illustrates the uneasy fit between matrimonial cases and legal malpractice.  Almost overwhelmingly, the legal malpractice comes up as a counterclaim in an attorney-fee case, rather than as a claim.  Often,…