Pritisker v Zamansky, LLC  2018 NY Slip Op 32930(U)  November 19, 2018
Supreme Court, New York County Docket Number: 150595/2017 Judge: Frank P. Nervo  is the kind of legal malpractice case that legal malpractice insurers love.  It appears to be a one-off, or a pro-se case in which a checklist of the elements of legal…

Third-party practice between professionals is a major part of legal malpractice litigation.  Here, the defendant attorneys point the finger at accountants and argue that mistakes in the tax filings caused the damage of which they are accused.

Rubin v Duncan  2018 NY Slip Op 32934(U)  November 16, 2018  Supreme Court, New York County Docket Number:…

Brooklyn Med. Eye Assoc., LLC. v Rivkin Radler LLP, 
.2018 NY Slip Op 32913(U)  November 13, 2018 Supreme Court, Kings County Docket Number: 505978/18 Judge: Leon Ruchelsman is an example of what happens when a doctor to doctor business sale goes wrong.

“At the end of 2012 an entity called Craniofacial Surgery P.C., owned by…

Lopez v Lozner & Mastropietro, P.C.    2018 NY Slip Op 08017  Decided on November 21, 2018 Appellate Division, Second Department is a text-book lesson in how to calculate the legal malpractice statute of limitations in a motor-vehicle case where no case was started.  It is three years from the date of the motor-vehicle accident plus…

In a fight of first impression, Defendant is battling to keep plaintiff from taking over defendant’s potential legal malpractice case against his attorney.  In this case, it seems that the Defendant and the attorney are childhood friends, and that Defendant would do almost anything (except pay plaintive) to protect the attorney.  What loyalty!

Borges v …

Judge Ruchelsman spends time peeling back the onion layers in Woodcock v Birnbaum
2018 NY Slip Op 32841(U) November 7, 2018 Supreme Court, Kings County Docket Number: 507014/18 to come to the decision on whether there was a violation of Judiciary Law § 487.  Eventually, he finds that arguments were insufficient, but not deceitful.

“During…

Equitable estoppel is (of course) an equitable defense to the statute of limitations.  It is successfully invoked in the legal malpractice field when the target attorney says, for example, “don’t worry about that pesky statute of limitations, we’ll keep talking about settlement for a while.”   What happens when plaintiff seeks to apply it to a…

Personal injury law firms face the economic facts of personal injury litigation, including the necessity of having a full shelf of cases to pursue.  PI litigation takes time and what often happens is that the squeaky wheel case keeps the lawyer from working the less prominent case.  Statutes of limitation keep on running along, however,…