New York Attorney Malpractice Blog

New York Attorney Malpractice Blog

Category Archives: Legal Malpractice Cases

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No Standing, No Malpractice Case

Posted in Legal Malpractice Cases
There are four elements of legal malpractice.  “Standing” is not really one of them, but continually lurks in the background.  Your opponent’s lawyer departs from good practice?  Too bad.  You lack privity and you lack standing.  Your company retains the lawyer and you, individually want to sue?  Too bad.  You lack privity and you lack… Continue Reading

In A Medically Induced Coma, But Still Competent to Sign Documents

Posted in Legal Malpractice Cases
Granted, reading a decision does not always illuminate the facts behind the case, but Gilbo v Horowitz  2019 NY Slip Op 30320(U)  February 9, 2019  Supreme Court, New York County Docket Number: 158727/2017 Judge: Margaret A. Chan is very startling.  It’s a legal malpractice case along with a declaratory judgment that he was incompetent to sign a retainer or a… Continue Reading

20 Defaults? Judiciary Law violation? Apparently None

Posted in Legal Malpractice Cases
When plaintiff pro-se’s legal expert says there were 20 defaults, was this a flight of fancy or a typo in which there were two defaults?  Either way, the case is headed for dismissal rather than summary judgment.  Ziemianowicz v Janowski  2019 NY Slip Op 30326(U)  February 6, 2019 Supreme Court, Kings County Docket Number: 521427/2016  Judge: Loren Baily-Schiffman reads as… Continue Reading

Too Late for This Legal Malpractice Case

Posted in Legal Malpractice Cases
Sclafani v Kahn  2019 NY Slip Op 01115  Decided on February 13, 2019 is an example of how the  Appellate Division, Second Department decides statute of limitation / continuous representation cases.  This legal malpractice claim arises from a loan closing where security for the loan was not handled. “In January 2015, the plaintiffs commenced this action, inter… Continue Reading

A Lot of Litigating Over a Smaller Case

Posted in Legal Malpractice Cases
Attorney fees collections are frequently said to be the major cause of legal malpractice litigation.  Some lawyers have resorted to starting litigation lending setups which lend money to their clients, thereby arranging for the attorney to be paid and the client to be the subject of a high-interest litigation loan. Justicebacker Inc. v Abeles  2019 NY Slip… Continue Reading

Accounting Malpractice and So Much More

Posted in Legal Malpractice Cases
Epiphany Community Nursery Sch. v Levey  2019 NY Slip Op 00842  Decided on February 5, 2019  Appellate Division, First Department  Singh, J., J. is not primarily about accounting malpractice.  That nugget is merely part of a much larger fraud which seemed to swamp a NYC private school.  The intra-familial fraud is stunning. “In 1973 Wendy Levey (Wendy) married defendant… Continue Reading

Short and Sweet Denial of Judiciary Law 487 Motion

Posted in Legal Malpractice Cases
It’s the oldest law in anglo-american jurisprudence; it’s rarely applied and even more rarely applied successfully.  Here is a swing and miss in Matter of B. (Anonymous), also known as L. (Anonymous)  Motion No: 2016-10028  Slip Opinion No: 2019 NY Slip Op 62045(U)  Decided on February 1, 2019 Appellate Division, Second Department, Motion Decision. “Motion by Sebastian B. for leave… Continue Reading

The Shortest Opinion Ever?

Posted in Legal Malpractice Cases
Louis F. Burke PC v Aezah  2019 NY Slip Op 00557  Decided on January 29, 2019  Appellate Division, First Department may be the shortest AD1 opinion of recent memory. Here is the entirety:  “Order, Supreme Court, New York County (David Benjamin Cohen, J.), entered January 3, 2018, which, to the extent appealed from as limited by the briefs,… Continue Reading

No Dismissal in Professional Negligence Case

Posted in Legal Malpractice Cases
Although really only a procedural decision,Matz v Sol Klein P.A., Inc.  2019 NY Slip Op 30166(U) January 17, 2019  Supreme Court, New York County  Docket Number: 155506/2016 Judge: Kathryn E. Freed  does discuss the limits of a broker’s / adjuster’s obligations.  Here, Sol Klein argues that it had no responsibility to advise the insured of a second policy which… Continue Reading

Not Legal Malpractice, Not Good Practice Either

Posted in Legal Malpractice Cases
Robinson v Day  2019 NY Slip Op 30153(U)  January 16, 2019  Supreme Court, New York County Docket Number: 600907/2010  Judge: O. Peter Sherwood is an example of how even a written settlement agreement can lead to further litigation and, in this case, a claim of legal malpractice. “In this action filed by plaintiff Adam Robinson [“AR”] in April, 2010… Continue Reading

A Very Long Time Ago There Was A Judgment

Posted in Legal Malpractice Cases
Judgments don’t last forever.  They lapse after a number of years.  This legal malpractice case tests the limits of how long plaintiff can wait to sue for legal malpractice. Potenza v Giaimo  2018 NY Slip Op 07164 [165 AD3d 1186]  October 24, 2018 Appellate Division, Second Department concerns litigation that began almost 25 years ago.  “The defendants represented… Continue Reading

Departure is But the First Step in Legal Malpractice

Posted in Legal Malpractice Cases
Sure, the attorney made mistakes.  Heck, the mistakes were so bad the Court “excoriated” him.  Good enough yet?  Nope. U Joon Sung v Park  2019 NY Slip Op 30107(U)  January 11, 2019 Supreme Court, New York County  Docket Number: 159279/2015 Judge: Kathryn E. Freed shows that departure is merely the first step in a 4-step dance.  Next?  Proximate cause and… Continue Reading

A Lot of Property Transfers, No Malpractice

Posted in Legal Malpractice Cases
No privity, no malpractice.  That’s the basic lesson of 97 2nd LLC v Goldberg Weprin Finkel Goldstein LLP      2019 NY Slip Op 30021(U)  January 4, 2019  Supreme Court, New York County Docket Number: 154593/2018  Judge: Arlene P. Bluth.  In this case where a nice piece of property went back and forth between developers, the attorneys obtained dismissal of… Continue Reading

South Street Seaport Legal Malpractice Case Just Too Late

Posted in Legal Malpractice Cases
Andejo Corp. v South St. Seaport L.P.  2018 NY Slip Op 33431(U)  December 28, 2018 Supreme Court, New York County  Docket Number: 655410/16  Judge: Shlomo S. Hagler catalogues a large number of fraud and fraud related claims, as well as legal malpractice claims, and discusses the elements and the statute of limitations implications for each of them.  This case… Continue Reading

Professional Negligence Not Yet Decided; Caveat Emptor Still Reigns

Posted in Legal Malpractice Cases
A house leaks.  Has the seller deceived the buyer?  Is the home inspector negligent?  Some, but not all of the questions are answered in Kazmark v Wasyln  2018 NY Slip Op 08990  Decided on December 27, 2018  Appellate Division, Third Department. “In August 2008, defendant Jefferey M. Wasyln (hereinafter defendant) listed his residence for sale and completed a property… Continue Reading

A Whole Lot of Attorneys and the Resulting Brew

Posted in Legal Malpractice Cases
Knox v Aronson, Mayefsky & Sloan, LLP    2018 NY Slip Op 09030  Decided on December 27, 2018  Appellate Division, First Department  Singh, J. points up some recurring issues that take place in matrimonial-legal malpractice cases:  there are often multiple attorneys (6 or more in this case), there are many opportunities for the husband and wife to make their own… Continue Reading

A Complicated Case, Simplified

Posted in Legal Malpractice Cases
Utilisave, LLC v Fox Horan & Camerini, LLP  2018 NY Slip Op 33284(U)  December 18, 2018  Supreme Court, New York County  Docket Number: 652318/2014  Judge: Kathryn E. Freed is a complicated case involving rotating ownership of a party in litigation, purchases from the liquidating trustee and 10 lawsuits in multiple states.  Judge Freed eventually rules on summary judgment in what… Continue Reading

A Doctor Unable to Control Himself; A Patient Injured

Posted in Legal Malpractice Cases
Legal malpractice is but a child of professional negligence, and medical malpractice is a sibling.  In “Jane Doe” v Sharma  2018 NY Slip Op 28386  Decided on December 1, 2018 Supreme Court, Nassau County  Judge Brown navigates a very unusual medical malpractice case which has several shocking details. “In this highly unusual case, the plaintiff has advanced five causes… Continue Reading
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