MVNY Holdings v Esses Law Group, LLC 2020 NY Slip Op 33380(U) October 15, 2020 Supreme Court, New York County Docket Number: 153853/2019 Judge: Carol R. Edmead ended very badly for plaintiffs. Not only did they lose a slew of money in the underlying real estate transaction, but they found out when they went to
Legal Malpractice Cases
Nothing in the Claim Remains in Play
Attorney fee claims = Client malpractice claims. This particular phrase could be chiseled into law school lintels. Kovkov v Law Firm of Dayrel Sewell, PLLC 2020 NY Slip Op 05682 [187 AD3d 505] October 13, 2020
Appellate Division, First Department is a prime example. Law firm was not paid after getting an initial $7500. The…
It Was Long Ago, But Still Wrong
A shocking practice in an otherwise virtuous area of law has recently bobbed up to the surface. Lee v Leeds, Morelli & Brown, P.C. 2020 NY Slip Op 33374(U) September 30, 2020 Supreme Court, Kings County Docket Number: 8651/05 Judge: Ingrid Joseph is the latest case in which the Leeds Morelli paradigm of “anti-discrimination” litigation…
Attorneys Might Be Disappointed, But Must Soldier On
Attorneys took on a jail beating case only to find that the most major injury, amputation of a testicle, was undertaken due to an incidental diagnosis of cancer, not due to trauma from the beating. So, can they just quit? Court says no.
Scott v Leventhal 2020 NY Slip Op 33276(U) September 30, 2020 Supreme…
Strategic Choices in Arbitration and Legal Malpractice
Strategic choices in medicine and law have always been given great deference by the Courts. “Medicine is an art, not a science” is often heard in Med Mal trials. Strategic choices by attorneys may cover a vast area of their acts at trial, in hearings and elsewhere. Wormser, Kiely, Galef & Jacobs LLP v Frumkin …
Lawyer Sues Third Party in Legal Malpractice Setting
Lawyer is hired to represent buyer in an apartment building purchase. Purchase goes bad because instead of a regular multiple dwelling setting, the building is actually a Single Room Occupancy (SRO) which are an old form of a hotel. Buyer does not get what it expected. Claim against attorney is that it did not read…
Siblings, Inheritance and Legal Malpractice
Melendez v Renfroe, Driscoll & Foster, LLP 2020 NY Slip Op 32600(U) August 11, 2020 Supreme Court, New York County Docket Number: 157344/2019 Judge: W. Franc Perry tells a familiar story. Familiar as in family. Legal malpractice can take place in any legal setting, whether injury, inheritance, invention or intellectual settings. Siblings fighting over ineritance…
Unsworn Affidavit is Really No Affidavit At All
Physician is sued for office rent. It’s a lot and the case comes down to whether he signed a guarantee or not. Eventually his attorneys submit an unsworn report (affidvavit ?) of a handwriting expert. Not good enough. Legal malpractice follows and is dismissed in Antell v Goldstein 2020 NY Slip Op 32573(U) August 6,…
Stating a Viable Claim for Legal Malpractice
The claim is that the attorneys waived an evidentiary hearing, without consent. Does that state a cause of action for legal malpractice? In Law Firm of Alexander D. Tripp, P.C. v Fiorilla
2020 NY Slip Op 32636(U) August 6, 2020 Supreme Court, New York County Docket Number: 654991/2019 Judge: Lucy Billings it does.
“In the…
Success Kills A Legal Malpractice Case
Plaintiff sued and was successful in obtaining a judgment. The judgment was uncollectible. In Ofman v Tenenbaum Berger & Shivers LLP 2020 NY Slip Op 32828(U) July 23, 2020
Supreme Court, Kings County Docket Number: 524482/2019 Judge: Richard Velasquez, Plaintiff alleged that had the attorney been quicker, the defendant would not have been able to…