New York Attorney Malpractice Blog

New York Attorney Malpractice Blog

Category Archives: Legal Malpractice Cases

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It’s Not a Bilateral Situation

Posted in Legal Malpractice Cases
Central Amusement Intl. LLC v Lexington Ins. Co.  2018 NY Slip Op 04095  Decided on June 7, 2018 Appellate Division, First Department demonstrates that while permission to amend a pleading should be freely given, its not the same standard for the complaint as it is for the answer. “The motion court did not abuse its discretion in granting… Continue Reading

Matrimonial Settlements and Attorney Fees

Posted in Legal Malpractice Cases
NEW CITY:     A recurring strain of legal malpractice cases come from matrimonial settlements.  More than any other sector of litigation, matrimonial settlements tempt the Courts to avoid a “effectively compelled to settle” analysis in favor of a “I’m satisfied with my attorney” analysis.  Imagine if medical malpractice law allowed a surgical patient to be… Continue Reading

Experts and Proving Legal Malpractice Cases

Posted in Legal Malpractice Cases
BUFFALO:  Experts are important, no?  The short answer is “of course!”  The longer answer is that they are necessary, absolutely necessary, to plaintiff’s legal malpractice case, as Murray v Lipman 2018 NY Slip Op 04484  Decided on June 15, 2018  Appellate Division, Fourth Department tells us. “Memorandum: Plaintiff commenced this legal malpractice action seeking damages based on defendants’ representation… Continue Reading

The Search For Insurance and Legal Malpractice

Posted in Legal Malpractice Cases
Cohen v Sive, Paget & Riesel, P.C.  Decided on June 14, 2018  Appellate Division, First Department discusses the question of whether it can be legal malpractice not to search for and attempt to apply insurance for the client.  While it may take the case away from counsel, it is of course more beneficial to the client to… Continue Reading

No Harm, No Foul in a Legal Malpractice Case

Posted in Legal Malpractice Cases
Legal malpractice, to the surprise of many, is a “no harm-no foul” situation in which not only must a mistake be made, but that mistake must have proximate results.  Buongiovanni v Hasin  2018 NY Slip Op 04302 Decided on June 13, 2018  Appellate Division, Second Department is a good example.  Did the first attorney make mistakes?  Perhaps.  Was there… Continue Reading

A Deed Forgotten, An Opportunity Missed, Summary Judgment Granted

Posted in Legal Malpractice Cases
In a matrimonial action, every t must be crossed, and every i dotted.  One reason for this is the tremendous emotional and economic issues which often cause irrational conduct.  Hell hath no fury…like a losing matrimonial litigant.  Walker v Kramer  2018 NY Slip Op 04375  Decided on June 13, 2018  Appellate Division, Second Department is an example of how… Continue Reading

The Rare Application of Grace v. Law

Posted in Legal Malpractice Cases
Grace v. Law  is the groundbreaking Court of Appeals case which said, in essence, if you have a meritorious appeal, it must be taken before starting a legal malpractice case.  Application of the doctrine has been spotty.  Leicht v Meyer, Suozzi, English & Klein, P.C.  2018 NY Slip Op 31161(U)  May 17, 2018  Supreme Court, Kings County  Docket Number: 505392/17  Judge: Carl… Continue Reading

A Primer on Legal Malpractice and Its Siblings

Posted in Legal Malpractice Cases
Wow! Furgang & Adwar, LLP v S.A. Intl., Inc.  2018 NY Slip Op 31151(U)  June 6, 2018 Supreme Court, New York County  Docket Number: 651192/2014  Judge: Eileen A. Rakower is a primer on the elements of legal malpractice, breach of contract, breach of fiduciary duty, fraud, as well as how to decide a CPLR 3211 motion and when reargument may… Continue Reading

Is It Tort Or Contract Law Here?

Posted in Legal Malpractice Cases
In this architectural malpractice case, the Court finds that both malpractice and breach of contract claims remain viable. Yellin v Zimmerman  2018 NY Slip Op 04098  Decided on June 7, 2018  Appellate Division, First Department is a case in which there are sufficient different claims so that both malpractice and breach of contract (for different claims remain in… Continue Reading

It All Ends In Dismissal

Posted in Legal Malpractice Cases, Uncategorized
BUFFALO:    After much litigation, this case ends with all causes of action and all counterclaims dismissed. Fee Claims as well as Legal Malpractice Claims are all out and the matter is over. “Memorandum: Plaintiff commenced this action for legal malpractice alleging that defendants acted negligently while representing it in an action involving a construction… Continue Reading

So Many Ups and Downs in a Municipal Negligence Case

Posted in Legal Malpractice Cases
CANTON, NY:   George v Phippen  2018 NY Slip Op 50809(U)  Decided on June 5, 2018 Supreme Court, St. Lawrence County  Farley, J. is the story of a simple car accident encumbered by a number of missteps.  It is a cautionary tale for legal malpractice observers.  It all starts with a traffic accident with a municipal dump truck. “On… Continue Reading

When Does That Statute Start To Run?

Posted in Legal Malpractice Cases
The statute of limitations is a significant issue for many litigants.  There is a delay or lapse time between when a mistake is made and when a legal malpractice case is commenced.  In some cases, plaintiffs wait to see whether a mistake can be fixed; sometimes new counsel don’t magically appear right away and there… Continue Reading

Defaults and Document Productions

Posted in Legal Malpractice Cases
47 Third Residential Invs. LLC v Georges  2018 NY Slip Op 30989(U)  May 22, 2018 Supreme Court, New York County  Docket Number: 155636/2017  Judge: Robert D. Kalish is the sad story of architectural work, of mistakes, and of tremendous losses, now probably not covered by insurance. “Plaintiff commenced the instant action on June 21, 2017, bye-filing a summons and complaint.… Continue Reading

Too Little Explanation

Posted in Legal Malpractice Cases
ALBANY:   The Third Department heard oral argument and rendered a decision in Mid-Hudson Val. Fed. Credit Union v Quartararo & Lois, PLLC  2017 NY Slip Op 07916 [155 AD3d 1218] November 9, 2017  Appellate Division, Third Department, holding that in this legal malpractice case there were simply not enough allegations for the court to reach any deterioration at… Continue Reading

Some Big Names, Small Results in This Judiciary Law 487 Case

Posted in Legal Malpractice Cases
Despite the writing of one of the biggest names in legal circles, Appellant got absolutely nowhere in challenging Judge Kornreich.  As she is retiring, this may be one of her last opinions. Shawe v Elting  2018 NY Slip Op 03644  Decided on May 22, 2018  Appellate Division, First Department is an example of how the First Department handles… Continue Reading

Could Be Deceit, Could Be Legal Malpractice

Posted in Legal Malpractice Cases
Gorbatov v Tsirelman  2017 NY Slip Op 07979 [155 AD3d 836]  November 15, 2017  Appellate Division, Second Department is an example of allegations of legal malpractice and Judiciary Law § 487 that the Second Department find sufficient to avoid dismissal under CPLR 3211. “The plaintiff Yevgeny Gorbatov is a licensed acupuncturist and the principal of the six corporate… Continue Reading

Attorney Delay and Legal Malpractice Damages

Posted in Legal Malpractice Cases
There are some unique rules and principles in legal malpractice.  One of them is that damages have to be in the nature of pecuniary or economic loss.  Another is that damages have to be proximately linked to the departure by the attorney. In Iannucci v Kucker & Bruh, LLP  2018 NY Slip Op 03514  Decided on May 16,… Continue Reading

Futility and Accountants

Posted in Legal Malpractice Cases
Glaubach v PricewaterhouseCoopers, LLP  2018 NY Slip Op 30875(U)  May 9, 2018  Supreme Court, New York County  Docket Number: 157993/2016  Judge: O. Peter Sherwood is something of a nightmare.  Plaintiff is the founder, former president and a minority shareholder of a home health services company which is successful.  He takes a medical leave and all hell breaks loose. “Numerous… Continue Reading

Volleyball, Sexual Misconduct and Professional Negligence

Posted in Legal Malpractice Cases
Sexual misconduct in the educational and more especially the school sport arena has become omnipresent.  In Mulligan v Long Is. Fury Volleyball Club  2018 NY Slip Op 28132 Decided on May 1, 2018  Supreme Court, Suffolk County  Santorelli, J. we see the effects of decisions by sport officials in handling reports of sexual misconduct between the students and the… Continue Reading

The Worker’s Compensation and Personal Injury Legal Malpractice Conundrum

Posted in Legal Malpractice Cases
Garcia v Polsky, Shouldice & Rosen, P.C.  2018 NY Slip Op 03339  Decided on May 9, 2018 Appellate Division, Second Department illustrates a common problem in legal representation.  Plaintiff is injured on the job, but may have a personal injury or product liability case as well.  Some firms specialize in WC work and don’t really do PI… Continue Reading

A Bad Post-Nup and No One Responsible

Posted in Legal Malpractice Cases
Post-nuptual agreements are highly scrutinized and subject to strict rules.  In Barrett v Goldstein  2018 NY Slip Op 03325  Decided on May 8, 2018  Appellate Division, First Department we see a situation in which a post-nuptial agreement that is poor for plaintiff is left in place, and none of the reviewing attorneys can be held responsible. “Plaintiff failed to… Continue Reading

Judiciary Law 487 in the Insurance Field

Posted in Legal Malpractice Cases
Justice Scarpula wades into a hotly contested multi-state, multi-party case to discuss, inter alia, Judiciary Law § 487.  In SPV-LS LLC v Citron  2018 NY Slip Op 30681(U)  April 16, 2018 Supreme Court, New York County  Docket Number: 152783/2017 she deftly describes the reach of Judiciary Law § 487 in the first department: “An attorney may be civilly liable for treble damages… Continue Reading

An Appeal Withdrawn, A Legal Malpractice Claim Survives

Posted in Legal Malpractice Cases
Plaintiff was fired from a municipal job, but may have had a good defense on appeal.  The attorneys withdrew the appeal. Legal Malpractice? Roth v. Ostrer , 2018 NY Slip Op 03218 Decided on May 3, 2018 Appellate Division, First  Department suggests that it may well have been a departure from good practice. “Plaintiff alleges that defendants committed… Continue Reading

Surrogate’s Court Takes On Judiciary Law 487

Posted in Legal Malpractice Cases
It’s rare for legal malpractice or Judiciary Law § 487 claims to be heard in Surrogate’s Court.  Here, in Cooper v Klencner  2018 NY Slip Op 30664(U)  April 13, 2018  Surrogate’s Court, New York County Docket Number: 2014-2912/C  Judge: Rita M. Mella the fight is over a late-in-life bequest of a large-value liquor company to the long-time bookkeeper and personal assistant.… Continue Reading
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