Legal Malpractice Cases

In a legal malpractice setting, Plaintiff’s motion for partial summary judgment almost never wins. U Joon Sung v Park  2020 NY Slip Op 01571
Decided on March 10, 2020 Appellate Division, First Department illustrates the problem.  Although liability seems obvious, Plaintiff was unable to demonstrated, prima facie that he would have succeeded in proving a

It’s a chicken or the egg issue.  Attorney drafts will.  Will is negligently drafted. Time goes by.  Will proponent dies.  Beneficiary becomes executrix. Estate sues attorney drafter.  Statute of limitations is raised as a defense.  Was the malpractice complete at the will drafting, or was it complete when the negligent bequest becomes active?

Generally speaking,

Sultan v Zhu 2020 NY Slip Op 01285 Decided on February 25, 2020
Appellate Division, First Department is the story of a group of people living in a small condominium building.  Some were celebrities, some not.  Money disputes raged for years and years.  Finally, they dissolved into legal malpractice disputes.

“Defendants were retained by plaintiff

Farina v Katsandonis, P.C. 2020 NY Slip Op 30468(U) February 21, 2020
Supreme Court, New York County Docket Number: 154170/2019
Judge: David Benjamin Cohen presents a rarely discussed tolling provision of the statute of limitations.  It is the “continuing wrong” toll.  Continuous representation, as all know, tolls the statute of limitations while there remains an

Statutes of repose, statutes of limitation, procedural statutes of limitation, statutes which “merely suspend[s] the remedy.”  Confused yet?

That question led to a dismissed legal malpractice case concerning whether California Code of Civil Procedure § 366.3 is a statute of limitation.  The question came up in Matter of Cassini Decided on February 13, 2020 Appellate