Last week we discussed how the First Department differs in its handling of Judiciary Law § 487 cases. Here in Gorbatov v Tsirelman 2017 NY Slip Op 07979 Decided on November 15, 2017
Appellate Division, Second Department is a further lesson, this time from the Second Department. Conspicuously missing here is any language of delinquency.
Legal Malpractice Basics
Arbitration Is So Final
The jury system, along with the CPLR structure of motions and appeals can be cumbersome, long, but ultimately comforting. In contrast, the arbitration system plays to a single individual or tribunal, with no margin for reassessment. So went a case reported in the New York Law Journal, and sometime in the future will be determined…
A Medical Malpractice Illustrates How Strong the Privity Issue Remains
Privity between client and attorney is mirrored by the doctrine of the lack of a doctor-patient relationship. Forget that there was a failure to diagnose breast cancer, and that the result can be deadly. Social policy of limiting suits between patients and remote medical providers as well as the social policy of limiting legal malpractice…
A Couple of Interesting Sidelines in This Case
In an otherwise run-of-the-mill contract case between an IT provider and a bank, Justice Kornreich illustrates a couple of interesting principles. The first is that IT providers do not rise to the level of professional engineers for the purpose of allowing tort litigation against them. The second is the “economic loss doctrine.”
It May Not Be The Best Idea, But…
In this legal malpractice case, the attorney has the right to represent himself. Question: How does insurance filter into this? In Herczl v Feinsilver 2017 NY Slip Op 06528 Decided on September 20, 2017 Appellate Division, Second Department
“In 2010, the defendant David Feinsilver, an attorney, commenced representing the plaintiff in a legal matter unrelated…
Judiciary Law 487 Article in the New York Law Journal
We’re proud to present our “Judiciary Law § 487 Suffers an Earthquake” article from today’s New York Law Journal. It discusses the recent sweep of JL § 487 law, including Bounkhoun v. Barnes et al., Case No. 15-cv-631A, which now awaits a decision by District Judge Joseph Arcara whether to accept the recommendation.
A…
No Damage, No Claim, No Case
Maroulis v Sari M. Friedman, P.C. 2017 NY Slip Op 06437 Decided on September 13, 2017
Appellate Division, Second Department is a textbook example of why approximately 40% of Judiciary Law § 487 cases are dismissed. The Courts don’t really like them, and lack of damages proximately caused by the violation is the stated reason. …
Big Changes in Bail Bond Premiums
Once in a while a case captures your interest. This was the situation in Gevorkyan. Sure, this was outside of legal malpractice and professional liability, but a former client came to us with a problem. He had been arrested for financial crimes, and bail was set at $2 Million. He paid a bail bond premium,…
Proofs in Summary Judgment
Schmidt v One N.Y. Plaza Co. LLC 2017 NY Slip Op 06047 Decided on August 8, 2017
Appellate Division, First Department is not a legal malpractice case, but it is a well written decision setting forth how experts battle in a summary judgment case. Plaintiff slips/falls from a ramp while at work. His job is…
Some Basics on Fees and Judiciary Law 475
We go on and on about Judiciary Law 487, but today’s post is about a different statute, Judiciary Law 475, which regulates attorney fees. Here are some basics: There has to be a settlement in open court and no signed writing reflecting that the client authorized the purported settlement. Hence, no lien.