The City of New York waited too long to try to amend its third-party complaint. The Court found that the City knew all the facts upon which the new complaint might be based and after 26 depositions or so, its just too late.
Commodore Constr. Corp. v City of New York 2019 NY Slip Op…
In Pugliese v Martin Law Group, P.C. 2019 NY Slip Op 01810 Decided on March 13, 2019
the Appellate Division, Second Department reminds that legal malpractice consists of more than a mere mistake. Plaintiff must still prove proximate or “but for” cause. Merely failing to perfect an appeal is insufficient.
“ORDERED that the order is…
Attorneys are expected zealously to represent clients, all within the cannons of ethics, of course. However, “that wasn’t my job” or “I wasn’t retained to do that” is a frequent defense in legal malpractice cases. Exeter Law Group LLP v Immortalana Inc. 2018 NY Slip Op 01269 [158 AD3d 576] February 22, 2018 Appellate Division,…
The Second Department gives a black-letter lecture on the common interest privilege, in a legal malpractice setting. Saint Annes Dev. Co. v Russ 2018 NY Slip Op 00451 [157 AD3d 919]
January 24, 2018 Appellate Division, Second Department holds that:
“The common-interest privilege is an exception to the traditional rule that the presence of a…
Board of Mgrs. of Manhattan Place Condominium v 616 First Ave., LLC 2019 NY Slip Op 30216(U) January 25, 2019 Supreme Court, New York County Docket Number: 652240/17
Judge: Frank P. Nervo is an excellent primer on the law of contribution and indemnity. In this property construction setting, there is none available.
“The underlying action…
Clark v Allen & Overy LLP 2019 NY Slip Op 30146(U) January 16, 2019 Supreme Court, New York County Docket Number: 453138/2017 Judge: Arlene P. Bluth is an employment abuse case (between lawyers) that went all the way to a request for cert at SCOTUS. For our purposes, it’s not a JL § 487 case. …
A slight exaggeration, but in 195 Hawthorne Partners, LLC. v Thompson 2018 NY Slip Op 32804(U) October 30, 2018 Supreme Court, Kings County Docket Number: 506136/18
Judge: Leon Ruchelsman there are pages and pages of discussion of a back-and-forth transfer, deeds, mortgages, foreclosures of what must be a valuable property. The attorneys are third-partied…
We’re proud to announce that our “It’s Over, Now What” can be found in today’s NYLJ.
From the article:
“The attorney-client relationship has a limited lifespan. Generally, it is a project-based temporary business relationship, albeit a fiduciary one.
Whether the representation is short or long, transactional or litigation based, it must someday end. It may…
How often is it that a judge gives legal advice? Rarely does the Court set forth what whould have been the correct cause of action and then advise that there is still time. Ferousis v Santamarina
2018 NY Slip Op 32725(U) Supreme Court, New York County Docket Number: 154418/2018
Judge: Arlene P. Bluth is interesting,…
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…
