Here is a succinct explanation of how to calculate the statute of limitations for either a contract or a negligence claim against an architect by the First Department in City of New York v George G. Sharp, Inc. 2019 NY Slip Op 08809 Decided on December 10, 2019

“Defendant failed to meet its prima…

Actually, this is really the year’s best example of no “but for” causation.  This failing led to dismissal in Magassouba v Purcigliotti  2019 NY Slip Op 08938 Decided on December 12, 2019 Appellate Division, First Department.  Because the AD determined that plaintiff could never have won the case, the attorneys failings made no difference at…

While one might think that the professional negligence field, which probably includes attorneys, brokers, real estate professionals, insurance professionals and designers has the same rules for all, that would be incorrect. Murphy v GHD, Inc. 2019 NY Slip Op 33476(U) November 27, 2019 Supreme Court, New York County Docket Number: 153468/2019
Judge: Robert D.…

Even though the AD expressed “concerns” about the attorney’s representation of Plaintiff, all causes of action were dismissed on statute of limitations grounds.  The claim that Plaintiff was disabled or insane was summarily denied in Jemima O. v Schwartzapfel, P.C.  2019 NY Slip Op 08793 Decided on December 10, 2019 Appellate Division, First Department.

“The…

In professional negligence cases, as in a wide swath of litigation cases, a special relationship is necessary before an entity (real estate agent, non-attorney, non-physician professional, municipality) might be liable for shortcomings.  So it is with insurance agents in STB Invs. Corp. v Sterling & Sterling, Inc. 2019 NY Slip Op 08606 Decided on December…

OK…it happens.  It happens a lot.  Best if the mistake is caught early on.  Cornwall Warehousing, Inc. v Lerner  2019 NY Slip Op 02825 [171 AD3d 540] April 16, 2019 Appellate Division, First Department.

“Plaintiffs demonstrated a reasonable excuse for their default (CPLR 5015 [a] [1]), based on law office failure, as detailed in the…

In an extremely detailed analysis, the Second Department illustrates the difference between NY and Delaware attorney-privilege law in Askari v McDermott, Will & Emery, LLP  2019 NY Slip Op 08547 Decided on November 27, 2019 Appellate Division, Second Department
Austin, J., J.

“The attorney-client privilege is the oldest of the privileges for confidential communications known…

Judge Billings untangles a complicated web of courts, causes and conclusions in Alphas v Smith  2019 NY Slip Op 33427(U) November 15, 2019 Supreme Court, New York County Docket Number: 155790/2015.  Questions of when the representation began, who has privity, what was the scope of the representation and did other attorneys cut off the liability…