By Andrew Lavoott Bluestone on Posted in Legal Malpractice CasesCascardo v Dratel 2019 NY Slip Op 02957 Decided on April 18, 2019 Appellate Division, First Department is a combination legal malpractice, excessive billing, fraud breach of fiduciary duty case which had several claims weeded out for this plaintiff. “Plaintiff’s fraud claim should have been dismissed because the complaint did not sufficiently plead justifiable reliance upon defendant’s claim… Continue Reading
By Andrew Lavoott Bluestone on Posted in Legal Malpractice CasesThis lovely 1500 year old phrase starts the case of Long Island Real Props., Ltd. v US Bank N.A. 2019 NY Slip Op 30954(U) April 2, 2019 Supreme Court, Suffolk County Docket Number: 621122/2017. Judge James Hudson quotes the medieval writer Tribonian to the effect that “A great number of unskilled practitioners ruins a Court. (2 Inst. 219) He then… Continue Reading
By Andrew Lavoott Bluestone on Posted in Legal Malpractice CasesProfessionals take on work, and more specifically responsibilities. Some come from the general tort requirement to act reasonably towards the public, some arise from contract. Lam v 933 60th St. Realty Inc. 2019 NY Slip Op 30707(U) March 20, 2019 Supreme Court, Kings County Docket Number: 514453/2018 Judge: Debra Silber is an example of how a carefully drafted retainer agreement/contract… Continue Reading
By Andrew Lavoott Bluestone on Posted in Legal Malpractice CasesA vintage cartoon (from the New Yorker?) has a bunch of New York people at a cocktail party, and the balloon for each of them simply says “Real Estate.” NY Prime Holding LLC v Nationstar Mtge., LLC 2019 NY Slip Op 30857(U) March 27, 2019 Supreme Court, New York County Docket Number: 157879/2018 Judge: John J. Kelley is the story… Continue Reading
By Andrew Lavoott Bluestone on Posted in Legal Malpractice CasesBig cases and little cases alike are subject to the unique legal malpractice “strategic choice” doctrine as well as a speculation analysis. Bison Capital Corporation v. Hunton & Williams, Supreme Court, New York County, Scarpulla, J. is today’s example. “Bison and its president, Edwin E. Wells, Jr. (“Wells”) entered into a contract with nonparty ATP Oil and… Continue Reading
By Andrew Lavoott Bluestone on Posted in Legal Malpractice CasesCortland Apts., LLC v Simbari Design Architecture, PLLC 2019 NY Slip Op 50331(U) Decided on March 19, 2019 Supreme Court, Cortland County Guy, J. is a companion case to Universe Ave. LLC v. Simbari Design Architecture PLLC and raises an interesting question: When a professional opines that work conforms to a statute is it negligence when the governmental authority charged… Continue Reading
By Andrew Lavoott Bluestone on Posted in Legal Malpractice CasesThe primary lesson to be learned from Salans LLP v VBH Props. S.R.L. 2019 NY Slip Op 02611 Decided on April 4, 2019 Appellate Division, First Department is that courts will deem a studied prediction on what would have happened if counsel had actually gone to court and made certain arguments is that they will almost always call it… Continue Reading
By Andrew Lavoott Bluestone on Posted in Legal Malpractice CasesGengo v Storms 2019 NY Slip Op 02504 Decided on April 3, 2019 Appellate Division, Second Department displays the importance of the nuts and bolts of litigation. Commencing the action and serving the defendant is the base of any litigation, and here, it went south very quickly. “On October 23, 2016, the plaintiff commenced this action sounding… Continue Reading
By Andrew Lavoott Bluestone on Posted in Legal Malpractice CasesScope of work is a term of art used by architects; it is similarly a term of art applied to architect contracts and the potential for professional malpractice claims against them. University Ave., LLC v Simbari Design Architecture, PLLC 2019 NY Slip Op 50330(U) Decided on March 19, 2019 Supreme Court, Cortland County Guy, J. is a fine example. What… Continue Reading
By Andrew Lavoott Bluestone on Posted in Legal Malpractice CasesOn Lam v Arnold Montag Architect 2019 NY Slip Op 30712(U) March 13, 2019 Supreme Court, Kings County Docket Number: 522413/2017 Judge: Pamela L. Fisher discusses the relationship between plaintiffs and sub-contractors of their architects and other professionals, and the requirement of privity in a breach of contract case. “On March 4, 2013, BTE entered into a contract with nonparty… Continue Reading
By Andrew Lavoott Bluestone on Posted in Legal Malpractice CasesAttorney billing is the center of the attorney world, and the greatest part of attorney-client litigation arises from or concerns attorney billing. Ledyard v Bical 2019 NY Slip Op 30739(U) March 20, 2019 Supreme Court, New York County Docket Number: 150470/2018 Judge: Arthur F. Engoron is an excellent example. Arrested, indicted and shown the evidence by the EDNY, plaintiff pled guilty. … Continue Reading
By Andrew Lavoott Bluestone on Posted in Legal Malpractice CasesIn a general sense, the failure to perfect is a failure to follow up. The attorneys did some work, but then failed to sew up the final product. In A & L Vil. Mkt., Inc. v 344 Vil., Inc. 2019 NY Slip Op 02304 Decided on March 27, 2019 Appellate Division, Second Department it was the not-altogether uncommon failure… Continue Reading
By Andrew Lavoott Bluestone on Posted in Legal Malpractice Cases,UncategorizedSince attorney fees seem to power the world, allowing for litigation and defense, and accounting for more than 60% of all attorney law suits, it is not surprising to see Soni v. Pryor come up again and again. In McGlynn v Burns & Harris 2019 NY Slip Op 02335 Decided on March 27, 2019 Appellate Division, Second Department the… Continue Reading
By Andrew Lavoott Bluestone on Posted in Legal Malpractice CasesContinuous representation tolls the statute of limitations, and requires actual work, a mutual understanding between client and attorney of the need for the actual work along with a mutual relationship of trust and confidence. In RJR Mech. Inc. v Ruvoldt 2019 NY Slip Op 01844 Decided on March 14, 2019 Appellate Division, First Department some of that… Continue Reading
By Andrew Lavoott Bluestone on Posted in Legal Malpractice CasesIs the client satisfied with the settlement is different from whether the client is “satisfied with the representation” which, in the past few years has taken on a totemic power to kill legal malpractice cases. Clients, when/if asked at the settlement allocution whether they are satisfied with their attorney’s representation and required to answer. If… Continue Reading
By Andrew Lavoott Bluestone on Posted in Legal Malpractice CasesThe attorney client privilege is sacrosanct, no? Well, not really. Heth v Satterlee Stephens Burke & Burke LLP 2019 NY Slip Op 30555(U) March 5, 2019 Supreme Court, New York County Docket Number: 650379/2015 Judge: Andrew Borrok demonstrates what happens when the client possibly discusses how attorney 1 is handling the case with attorney 2. “As more fully set forth on… Continue Reading
By Andrew Lavoott Bluestone on Posted in Legal Malpractice CasesAkin to a pro-se situation, when law firms defend themselves in a legal malpractice setting they run the risk of attorney disqualification on the attorney-witness rule. Quadrozzi v Castro 2019 NY Slip Op 30550(U) March 5, 2019 Supreme Court, New York County Docket Number: 151675/2018 Judge: Frank P. Nervo is a good example. “Plaintiffs seek to disqualify defense counsel on… Continue Reading
By Andrew Lavoott Bluestone on Posted in Legal Malpractice CasesThe experts were hired, and now plaintiff (whose attorney hired them) says that they were inexpert. Marks Paneth LLP v Economic Alchemy LLC 2019 NY Slip Op 30532(U) February 26, 2019 Supreme Court, New York County Docket Number: 60427/2017 Judge: Lucy Billings is determined on sufficiency of pleading grounds. The fraud claim fails. “Plaintiff Marks Paneth LLP seeks damages from… Continue Reading
By Andrew Lavoott Bluestone on Posted in Legal Malpractice CasesDeparture is the first question in legal malpractice; it is the one that almost everyone gets right. What is often shocking to the client is that judges (and then juries) scrutinize the remaining three elements (proximate cause, “but for” causation and ascertainable damages) in reaching a decision. Lisi v Lowenstein Sandler LLP 2019 NY Slip Op… Continue Reading
By Andrew Lavoott Bluestone on Posted in Legal Malpractice CasesThere is great dispute over the elements of Judiciary Law § 487. Is it attempted deceit or successful deceit? Does it require egregious conduct, or chronic conduct or chronic and extreme conduct or a pattern of delinquency? Schwartzman v Pliskin, Rubano, Baum & Vitulli 2019 NY Slip Op 30419(U) January 14, 2019 Supreme Court, Queens County Docket Number: 714510/2017 Judge: Joseph… Continue Reading
By Andrew Lavoott Bluestone on Posted in Legal Malpractice CasesCandero v Del Virginia 2019 NY Slip Op 30436(U) February 26, 2019 Supreme Court, New York County Docket Number: 151983/2018 Judge: Barbara Jaffe discusses the various relationships and potential legal malpractice in a case which traveled from New York to Florida, and in which the lawfirms kept changing shape. “Relying on the advice of third-party plaintiff Del Virginia, plaintiffs initiated… Continue Reading
By Andrew Lavoott Bluestone on Posted in Legal Malpractice CasesArchitectural malpractice would normally be governed by CPLR 214(6) and have a three year statute of limitations. In Architect v Kodsi, 2019 NY Slip Op 01398 Decided on February 27, 2019 Appellate Division, Second Department the contract called for a 1 year contractual statute of limitations. However, as we see below, that 1 year period is subject to… Continue Reading
By Andrew Lavoott Bluestone on Posted in Legal Malpractice CasesPlaintiffs rarely obtain partial summary judgment other than in strict liability or labor law cases. They almost never win in a legal malpractice setting, and Eurotech Constr. Corp. v Fischetti & Pesce, LLP 2019 NY Slip Op 01366 Decided on February 26, 2019 Appellate Division, First Department is no exception. The Court was unable to determine, as a matter… Continue Reading
By Andrew Lavoott Bluestone on Posted in Legal Malpractice CasesTraditionally, plaintiffs plead a triumvirate of claims against attorneys consisting of legal malpractice, breach of contract and breach of fiduciary duty. Additional claims are rarely seen. In Ramirez v Donado Law Firm, P.C. 2019 NY Slip Op 01244 Decided on February 20, 2019 the Appellate Division, Second Department goes through a long list of claims and gives the… Continue Reading
