The Statute of Limitations for legal malpractice in New York is 3 years under CPLR 214(6).  In New Jersey it might be 6 years, as the AD1 tells us.  However, for a legal malpractice case brought in New York, it has to be started within 3, not 6 years, as plaintiff found out in Soloway …

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…

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…

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…

Tatintsian v Pryor Cashman LLP  2018 NY Slip Op 33152(U) December 10, 2018 Supreme Court, New York County Docket Number: 152022/2017 is extremely complicated, but Judge David Benjamin Cohen unravels the facts and teases out a legal malpractice analysis.

“In this action, plaintiff Gary Tatintsian (Plaintiff) alleges that defendants Pryor Cashman LLP (Pryor Cashman), Eric…

A fair number of summary judgment decisions rendered in Supreme Court are reversed in the Appellate Division.  Rather than simply ask how two courts can view the same evidence in such a differing light, note the deep doctrinal differences between that which Supreme Court credited and that which the Appellate Division relied upon  in 762 …

Sometimes lawyers believe that they can affect the climate of litigation by getting a little press attention.  This may work on occasion, but can wreck a case as well.  Barr v Liddle & Robertson, L.L.P.  2018 NY Slip Op 33113(U)  December 3, 2018 Supreme Court, New York County Docket Number: 159781/14 Judge: Manuel J. Mendez…

Whether there has been legal malpractice in a real estate development setting, or no malpractice at all depends on at least four elements.  The least interesting of these elements is the departure.  In almost every legal malpractice case there is a definite departure.  It’s the “proximate cause” and the “but for” portions of the equation…