New York Attorney Malpractice Blog

New York Attorney Malpractice Blog

Category Archives: Legal Malpractice Cases

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When Are Damages Too Speculative in a Legal Malpractice Case?

Posted in Legal Malpractice Cases
Too speculative is a defense commonly utilized by defendants in legal malpractice settings.  Here, in Birch v Novick & Assoc., P.C.    2019 NY Slip Op 31712(U) June 14, 2019 Supreme Court, New York County Docket Number: 161445/13, Justice Carol R. Edmead discusses just how speculative they might be. “Defendants argue that the complaint must be dismissed, as Plaintiff… Continue Reading

How Do These Cases Get Dismissed ?

Posted in Legal Malpractice Cases
We have argued that legal malpractice cases are disproportionately subject to early dismissal. Our theory is that Courts have an inherent and innate bias in favor of attorneys.  There is a plethora of academic and real world experience to support this thesis.  Anecdotally, Baugher v Cullen & Dykman, LLP  2019 NY Slip Op 04904  Decided on June… Continue Reading

A Motion in Limine Succeeds; A Motion for Summary Judgment Fails

Posted in Legal Malpractice Cases
A motion in limine is an advisory pre-trial evidentiary ruling.  A motion for summary judgment is a dispositive motion which seeks to limit a claim or a recovery.  In Mazzurco v Gordon  2019 NY Slip Op 04931  Decided on June 19, 2019  Appellate Division, Second Department the motion in limine succeeded. “In this action to recover damages for legal… Continue Reading

Continuing Representation in Professional Negligence Settings

Posted in Legal Malpractice Cases
The question of statute of limitations in a professional negligence setting is little different from that the same issue in a legal malpractice setting.  CPLR 214(6) is the applicable statute in both and both have the concept of continuing representation. Board of Mgrs. of 141 Fifth Ave. Condominium v 141  Acquisition Assoc. LLC  2019 NY Slip Op 31555(U)  June… Continue Reading

What Is This Case About?

Posted in Legal Malpractice Cases
As proof that Judiciary Law § 487 has entered the mainstream, and will likely be snapchatted soon,  take a look at Delbaun v Self Represented Kevin McKeown  May 30, 2019  Supreme Court, New York County Docket Number: 157986/2018 Judge: Andrew Borrok.  First, the names.  Is the caption not a tip off that this is a case with craziness in it?  Second,… Continue Reading

Much Ado, Little Movement

Posted in Legal Malpractice Cases
Dillon v Peak Envtl., LLC  2019 NY Slip Op 04548  Decided on June 7, 2019  Appellate Division, Fourth Department is the story of an upstate commercial case which went through a lot of procedural wrangling, up to the Appellate Division, with little forward movement.  Legal malpractice is an important but not properly plead part. “Memorandum: Plaintiffs commenced this… Continue Reading

A Better Explanation Required

Posted in Legal Malpractice Cases
It seems as if the Appellate Division scratched its head on this claim of legal malpractice.  It seemed not sure how to calculate the claimed departure from good practice.  In Kaplan v Conway & Conway  2019 NY Slip Op 04477  Decided on June 6, 2019  Appellate Division, First Department it questioned the foundation of the legal malpractice case. “The… Continue Reading

A Building Sold, A Building Lost

Posted in Legal Malpractice Cases
Naivete is the assigned cause of the sale of a building without full payment, but legal malpractice is the claimed reason.  Problem?  Plaintiff started the action 4 years after the sale.  Hudson 418 Riv. Rd., LLC v Safiya Consultants Inc.  2019 NY Slip Op 31506(U)  May 24, 2019  Supreme Court, Kings County  Docket Number: 510351/18  Judge: Leon Ruchelsman is a short… Continue Reading

Everyone Loses Here

Posted in Legal Malpractice Cases
In what looks like a 9 year battle over attorney fees and legal malpractice allegations, it appears that everyone loses in this case.  Filemyr v Hall  2019 NY Slip Op 31526(U)  May 28, 2019  Supreme Court, New York County  Docket Number: 654563/2018  Judge: Andrew Borrok discusses limitations on attorney fee claims and the necessity of making concrete allegations of legal malpractice.… Continue Reading

A Pro-Se Case Goes Awry

Posted in Legal Malpractice Cases
Pro-se cases, as might be expected, often wash up on the rocks because of poor technical application.  In Strujan v Kaufman & Kahn, LLP  2019 NY Slip Op 00630 [168 AD3d 1114] January 30, 2019  Appellate Division, Second Department we see failed service of the summons, denied default motions and a direction that all motions be made by… Continue Reading

An Accident, Followed By Years of Legal Malpractice Litigation

Posted in Legal Malpractice Cases
Sang Seok NA v Schietroma  2019 NY Slip Op 04017  Decided on May 22, 2019  Appellate Division, Second Department is the story of a bus accident, followed by hears of personal injury litigation again followed by years of legal malpractice litigation.  In the end, not much was accomplished. “In May 2003, the plaintiff commenced a personal injury action… Continue Reading

The Account Stated Conundrum

Posted in Legal Malpractice Cases
Clients want results, and are sometimes hesitant about paying bills.  Lawyers want to get paid, whether they are in good relations with the client or not.  Let me repeat:  Lawyers want to get paid.  The greater portion of cases in which lawyers are parties concerns attorney fees.  This is amply demonstrated by Adam Leitman Bailey, P.C.… Continue Reading

A Very Old Legal Malpractice Case Proceeds

Posted in Legal Malpractice Cases
A lawsuit arising from the 2008 stock market decline, involving whether there was downside protection, and what the attorney who was hired to pursue the brokerage did or did not do proceeds. Finkel v Wedeen  2019 NY Slip Op 31395(U)  May 9, 2019 Supreme Court, New York County Docket Number: 161019/2015 Judge: Paul A. Goetz  survives summary judgment in this opinion.… Continue Reading

You Can Almost Never Sue The Other Guy’s Attorney

Posted in Legal Malpractice Cases
Whether it’s social policy, whether it’s an attempt to prevent every case from turning into a legal malpractice coda, the rule is simple:  absent fraud, collusion, malice or other special circumstances you just cannot successfully sue the other guy’s attorney.  The alternative?  Every case would then proceed to a legal malpractice case.  So says Hinnant v… Continue Reading

Only One Of These Two Claims Survives

Posted in Legal Malpractice Cases
Delay in obtaining adverse evidence and overbilling are both claimed in Ostrolenk Faber LLP v Sakar Intl., Inc.  2019 NY Slip Op 31303(U)  April 23, 2019  Supreme Court, New York County Docket Number: 657134/17 Judge: Melissa A. Crane.  Only one of the claims works in a legal malpractice setting.  It is not overbilling. Plaintiff Ostrolenk Faber LLP (Ostrolenk), a law… Continue Reading

Suing the Other Guy’s Attorney

Posted in Legal Malpractice Cases
In an artificial social policy sort of way, lawyers protect lawyers.  Although legal malpractice is a tort (maybe), there is still a requirement of privity.  Remembering back to law school and the progression in products liability from a strict requirement of privity for a recovery from the manufacturer to strict liability, we wonder if the… Continue Reading
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