Golub v Shalik, Morris & Co., LLP  2019 NY Slip Op 32589(U) September 3, 2019 Supreme Court, New York County Docket Number: 158055/2017
Judge: Barbara Jaffe is worth reading, simply for the long description of all the argument for/against malpractice, continuing representation, damages in a tax case, the application of future estate taxes and how…

In this case the estates loses a claim for fees because of bad service of process. Estate of Norman Perlman v Kelley  2019 NY Slip Op 06475 Decided on September 11, 2019 Appellate Division, Second Department goes on to catalog how and why the service was bad.

“The plaintiff commenced this action on December 31,…

Ripa v Petrosyants  2019 NY Slip Op 32638(U) August 15, 2019 Supreme Court, Kings County Docket Number: 510658/17 restates the age old principle that one may not successfully sue an attorney unless there was an attorney-client relationship, or something very, very close to it.  This was a restaurant investment gone bad.  Judge Leon Ruchelsman  picks…

One familiar trope in legal malpractice cases is the workers’ compensation – personal injury situation in which a plaintiff is injured on the job, but may have claims against non-employers as well as against the employer.  Schwenger v Weitz, Kleinick & Weitz, LLP 2019 NY Slip Op 2605(U) September 4, 2019 Supreme Court, New York…

Many a snow and ice case has been lost over the years, and often there are attorney mistakes that accompany the loss.  Whether the mistake caused the loss is a legal malpractice question, and one which is illustrated in Blair v Loduca  2018 NY Slip Op 05744 [164 AD3d 637]
August 15, 2018 Appellate Division,…

Bridge View Tower, LLC v Law Offs. of Boris Nikhman, Esq. & Vladimir Nikhman, Esq.  2019 NY Slip Op 51425(U) Decided on September 4, 2019
Civil Court Of The City Of New York, New York County Kraus, J.  is emblematic of what most defense attorneys think any legal malpractice case looks like…no focus, no proof,…

Lopez v Lozner & Mastropietro, P.C.  2018 NY Slip Op 08017 [166 AD3d 871] November 21, 2018 Appellate Division, Second Department  is an example of how some judges just get it wrong in legal malpractice settings, and dismiss where there is an actual cause of action stated.

“On November 4, 2011, the plaintiff, a pedestrian,…

As is almost always true, plaintiffs are unsuccessful at a summary judgment motion in legal malpractice settings.  The Court can almost always find questions of fact which still remain in the “but for” area  even after a departure from good practice is poundingly demonstrated.

Eurotech Constr. Corp. v Fischetti & Pesce, LLP  2019 NY Slip…