Legal Malpractice Cases

Some courts hold that any claim against a “learned professional” must be analyzed via the lens of malpractice, legal, medical or professional.  This implies certain statutes of limitation, certain obligations of a professional and other differences between the professional and the lay person.  Here, in Sutherland v Fitzpatrick  2020 NY Slip Op 30029(U)  January 2,

CPLR 203(d) is an ill-understood, mysterious saving statute that allows untimely counter-claims to be brought under certain circumstances.  It can be a saving statute for wildly out of statute counterclaims and acts as an offset to a claim.  The requirements are set forth in a recent opinion by Judge Schecter in Supreme Court, New York

WSA Group, PE-PC v DKI Eng’g & Consulting USA PC 2019 NY Slip Op 09339
Decided on December 26, 2019 Appellate Division, Third Department raises the interesting difference between a direct claim for professional negligence, common-law indemnity and contractual indemnity.

“In March 2012, plaintiff entered into a subcontract with defendant, a professional engineering firm, by

People entering into a commercial transaction, buying into a business, for example, face a large number of potential investment problems.  These range from misunderstanding complex UCC documents, not obtaining proper shareholder rights, running afoul of the bulk transfer tax problem.  They reasonably retain attorneys to navigate these waters.  What happens when a law firm takes