Strujan v Kaufman & Kahn, LLP 2019 NY Slip Op 00630 [168 AD3d 1114] January 30, 2019 Appellate Division, Second Department is the end of the line for this case, and going forward Plaintiff must ask permission to file papers.
“Since the defendants represented the plaintiff’s adversaries in a prior action, the causes of action…
Serrone v Southbridge Towers, Inc. 2019 NY Slip Op 32472(U) August 20, 2019 Supreme Court, New York County Docket Number: 653567/2018
Judge: Francis A. Kahn III is the story of a foreclosure in what was once a Mitchel-Lama building. Plaintiff succeeds on this motion in keeping the attorneys in the case.
“This is an action…
Gobindram v Ruskin Moscou Faltischek, P.C., 2019 NY Slip Op 06190
Decided on August 21, 2019 Appellate Division, Second Department stand for the proposition that when an attorney has a second chance to correct mistakes and fails to do so, a claim for legal malpractice may be good.
“The defendants represented the plaintiff…
Legal malpractice cases are especially prone to statute of limitations defenses, as the consequences of the departure from good practice may not come up for a while. The standard is rather strict. As we see in Webster v Sherman, 2018 NY Slip Op 06590 [65 AD3d 738] October 3, 2018 Appellate Division, Second Department the…
Pinto-Bedoya v Yacoob 2019 NY Slip Op 51332(U) Decided on August 14, 2019 Supreme Court, Kings County Rivera, J. is the ridiculous story of how some individuals were conned into getting involved in a mortgage fraud ring. Question: how did the attorneys not know what was going on?
“The Pinto-Bedoya’s complaint bearing Index Number 75822/2008,…
Two threshold issues in legal malpractice, which are not mirrored in other areas of the law are standing and privity. While intertwined, they are not merely two names for the same thing. Illustrated by Matter of Benson 2019 NY Slip Op 51331(U) Decided on August 12, 2019
Surrogate’s Court, Albany County Pettit, J. only certain…
Plaintiffs attend a settlement conference and agree to settle the case. They are then prepared for the allocution by their attorneys, which is a series of questions by the judge designed to document that the settlement is voluntary, not coerced. The same questions are typically asked of the defendant. The last question, which has no…
Irony aside, there are a significant number of failures in legal malpractice litigation. These failures are aside from cases which seek to push the limits of the statute of limitations, continuous representation and non-privity claims. This can be seen in a series of cases by one pro-se plaintiff against one set of attorneys. The cases…
We’re excited to report that the New York Law Journal published this Outside Counsel Column today.
“Legal Malpractice Principles arose in medieval common law. It is linked with and has become more clearly intertwined with ancient deceit statutes with the Court of Appeals’ determination that Judiciary Law § 487 controls over attorney conduct are not…
The statute of limitations has a number of purposes, one of which is to end stale cases, another of which is to quiet old controversies. Giller v Kate, Nussman, Ellis Farhi & Earle, LLP
2019 NY Slip Op 32301(U) July 31, 2019 Supreme Court, New York County Docket Number: 156885/2018 Judge: W. Franc…
