In the high-stakes corporate world, the money can get quite large and a large number of big-law firms can get involved. What happens when operating agreements between highly sophisticated parties, each of which are represented by law firms alter the landscape. Which law firms represented which parties, how did that change and is there privity
Legal Malpractice Cases
This Problem Pops Up Years Later
Damage from legal malpractice can arise years after the event, and sometimes it is just too bad for plaintiff as we see in Sclafani v Kahn
2019 NY Slip Op 01115 [169 AD3d 846] February 13, 2019 Appellate Division, Second Department where a problem at closing did not manifest itself immediately.
“In January 2015, the…
Why Were Construction Injury Claims Dismissed ?
Dominguez v Mirman, Markovits & Landau, P.C. 2020 NY Slip Op 00845
Decided on February 5, 2020 Appellate Division, Second Department is not entirely clear on how the underlying case ended. Plaintiff pro-se might have settled the case and then discontinued, or he might have discontinued in mere pique. However, neither situation implicates the defendants…
Be Very Careful What You Say…
It is not a big surprise that Ortiz v Joel J. Turney, LLC 2019 NY Slip Op 03917 [172 AD3d 553] May 21, 2019 Appellate Division, First Department is defended pro-se. It is surprising that this case went to an appeal. Here is the short and sweet decision:
“Defendants’ letter to plaintiff, in which they…
A Brazen Scheme and Loads of Lost Money
Leak v RBI Assoc., Ltd 2020 NY Slip Op 50072(U) Decided on January 14, 2020 Supreme Court, Kings County Fisher, J. is the story of cupidity, stupidity and criminality. The attorneys, however, are not held liable.
“In this action plaintiff Ernest Leak alleges causes of action primarily premised on negligence arising out of defendants’ actions…
Attorney Fees are the Problem in This Case
Aside from the normal, every-day problem of attorney fees in litigation and how they tend to stack up, in Quadracci v Klein 2019 NY Slip Op 33837(U) December 24, 2019 Supreme Court, New York County Docket Number: 650913/2016 Judge: Nancy M. Bannon there was a multiplication effect as attorney fees upon attorney fees had to…
This Might Become A New Area of Contention
In the distant past, there were no litigation funding companies. Slowly, they came into existence and even more slowly started to displace the strongly held belief that personal injury lawyers were required to bank the litigation costs of their clients. As some of the largest PI firms in NYS started to engage in litigation lending/funding…
Privity in the Architect Professional Negligence Setting
It’s rare to convince a judge that an earlier decision was simply wrong. Here, in Tutor Perini Bldg. Corp. v Port Auth. of N.Y. & N.J. 2020 NY Slip Op 30045(U) January 6, 2020 Supreme Court, New York County Docket Number: 156211/2018 Judge Andrea Masley took a second look at the law and changed her…
Was He A Partner Or Not?
The question of identity and partnership lead to a question of deceit. If an attorney is a partner may he release a client. If he is not a partner is it a violation of Judiciary Law § 487 to give the release? For now, the question remains in limbo.
Dismissals and Legal Malpractice
How the case was dismissed becomes the most important issue in Finamore v David Ullman, P.C. 2020 NY Slip Op 00105 Decided on January 8, 2020 Appellate Division, Second Department .
“In an action to recover damages for legal malpractice, the plaintiff, Sandro Finamore, in his capacity as executor of the estate of Ione Finamore,…