Sang Seok NA v Schietroma 2019 NY Slip Op 04017 Decided on May 22, 2019 Appellate Division, Second Department is the story of a bus accident, followed by hears of personal injury litigation again followed by years of legal malpractice litigation. In the end, not much was accomplished.
“In May 2003, the plaintiff commenced a…
Clients want results, and are sometimes hesitant about paying bills. Lawyers want to get paid, whether they are in good relations with the client or not. Let me repeat: Lawyers want to get paid. The greater portion of cases in which lawyers are parties concerns attorney fees. This is amply demonstrated by Adam Leitman Bailey, …
A lawsuit arising from the 2008 stock market decline, involving whether there was downside protection, and what the attorney who was hired to pursue the brokerage did or did not do proceeds. Finkel v Wedeen 2019 NY Slip Op 31395(U) May 9, 2019 Supreme Court, New York County Docket Number: 161019/2015 Judge: Paul A. Goetz …
Admissions that the law firm made a mistake are frowned upon by insurance companies as well as by CLE lecturers. Ortiz v Joel J. Turney, LLC 2019 NY Slip Op 03917 Decided on May 21, 2019
Appellate Division, First Department is a fine example for use in this years lecture series.
“Order, Supreme Court, Bronx…
Pro-se claims start at a disadvantage. This particular case seems to be the culmination of several failed efforts. The Appellate Division is dismissive, both in tone and content.
Estate of Lipin v Lipin 2019 NY Slip Op 03897 Decided on May 16, 2019 Appellate Division, First Department could be a shorter opinion, but not by…
Whether it’s social policy, whether it’s an attempt to prevent every case from turning into a legal malpractice coda, the rule is simple: absent fraud, collusion, malice or other special circumstances you just cannot successfully sue the other guy’s attorney. The alternative? Every case would then proceed to a legal malpractice case. So says Hinnant …
Delay in obtaining adverse evidence and overbilling are both claimed in Ostrolenk Faber LLP v Sakar Intl., Inc. 2019 NY Slip Op 31303(U) April 23, 2019 Supreme Court, New York County
Docket Number: 657134/17 Judge: Melissa A. Crane. Only one of the claims works in a legal malpractice setting. It is not overbilling.
Plaintiff Ostrolenk…
What could be more New York than a case about real estate and parking? Here, the problem was construction of two homes, each of which required off-street parking. The seller set up a situation in which both houses had the parking, but it all got screwed up.
Muco v Sadiku 2019 NY Slip Op 50709(U) …
A real estate deal gone wrong…what could be more New York than that? In our world, only a legal malpractice claim after the deal is more relevant.
83 Willow, LLC v Apollo 2019 NY Slip Op 31203(U) May 2, 2019 Supreme Court, New York County Docket Number: 151266/2015 Judge: Barbara Jaffe is the story of…
In an artificial social policy sort of way, lawyers protect lawyers. Although legal malpractice is a tort (maybe), there is still a requirement of privity. Remembering back to law school and the progression in products liability from a strict requirement of privity for a recovery from the manufacturer to strict liability, we wonder if the…
