Legal Malpractice Cases

Many cases are lost, across the spectrum of legal issues, for procedural issues.  It is especially poignant to see a legal malpractice case lost on service of process issues. Gengo v Storms  2019 NY Slip Op 02504 [171 AD3d 709]  April 3, 2019  Appellate Division, Second Department presents such a situation.

“On October 23, 2016,

As we discussed on Friday, how and when “continuous representation” is applied depends more on the judge or appellate panel hearing the case than on time-honored well-understood rules.  Schrull v Weis
2018 NY Slip Op 07769 [166 AD3d 829] November 14, 2018 Appellate Division, Second Department demonstrates that continuous representation may be applied idiosyncratically.


It is ironic when attorney errors harm an otherwise good legal malpractice case.  Leeder v Antonucci  2019 NY Slip Op 05898 [174 AD3d 1469] July 31, 2019 Appellate Division, Fourth Department is an example.

“We reject plaintiff’s contention that Supreme Court erred in granting the cross motion with respect to the biofuel cause of action.

Incarceration for not paying child support is unusual but certainly not unheard of.  This case illustrates the defense strategy of receding into the background and waiting while the controversy swirls around the other defendants.  In this case more than a year went by after a default and the defendant obtained dismissal. Rivera v Kerr  2019