It is our experience that Courts more often dismiss an entire legal malpractice case rather then dissect the various claims and keep some while jettisoning the balance. Here, in Sehgal v DiRaimondo 2018 NY Slip Op 06619 Decided on October 4, 2018 the Appellate Division, First Department does just that.
“Plaintiff, a lawful permanent resident…
It was a $22 Million real estate purchase, and it was built on faulty foundations. In 71 Park Ave. S., LLC v Fox Rothschild LLP 2018 NY Slip Op 32451(U) October 1, 2018 Supreme Court, New York County Docket Number: 158900/2017 Judge Saliann Scarpulla determines that one of the entities has no privity (and therefore…
It is the rare legal malpractice case that falls into the privity exception. As a matter of social policy and definitely to limit legal malpractice cases, Courts impose a very strict privity requirement. No attorney-client relationship, no legal malpractice case, with a small exception for fraud or malice. Webster v Sherman 2018 NY Slip Op…
Golub v Shalik, Morris & Co., LLP 2018 NY Slip Op 32358(U) September 21, 2018 Supreme Court, New York County Docket Number: 158055/2017 Judge: Barbara Jaffe presents a difficult analysis of the statute of limitations. When it commences and whether continuing representation tolls the statute are the cornerstones of this opinion.
“On August 16, 2012,…
Jonns v Fischbarg 2018 NY Slip Op 32353(U) September 18, 2018 Supreme Court, New York County Docket Number: 150729/2017 Judge: Kathryn E. Freed which we discussed yesterday for its lesson on the statute of limitations is also worthwhile to read for how litigation costs can be part of legal malpractice damages. In short, those damages…
Plaintiffs often allege “professional negligence” in claims against brokers, insurance agents, financial planners, architects and others. The question of who can be sued for “professional negligence” is not decided merely by an allegation. Judd v Madison Advisory Servs., Inc.
2018 NY Slip Op 32298(U) September 6, 2018 Supreme Court, New York County Docket Number: 152895/2017 …
It has been our observation that in legal malpractice cases Courts tend to dismiss more than in other settings, and that the probable reason for this higher-than-expected rate of dismissals is that Courts tend to favor attorneys over clients in a legal malpractice setting. Chu v Legere 2018 NY Slip Op 32269(U) September 14, 2018 …
Kaplan v Conway & Conway September 4, 2018 Supreme Court, New York County Docket Number: 158060/17 Judge: Frank P. Nervo runs into a familiar problem in legal malpractice settings. Clients were the subject of an internal investigation at their brokerage and hired the attorneys. Their claim is that the response to the investigation by the…
Did the attorneys represent the clients or not? This is the central question in First Choice Plumbing Corp. v Miller Law Offs., PLLC 2018 NY Slip Op 05825 Decided on August 22, 2018 Appellate Division, Second Department. The answer is not yet known. What the AD did reaffirm is that only certain kind of “documents”…
Billiard Balls Mgt. LLC v Mintzer Sarowitz Zeris Ledva & Meyers, LLP 2018 NY Slip Op 32019(U) August 17, 2018 Supreme Court, New York County Docket Number: 153477/2016 Judge: Carol R. Edmead is an interesting twist on the privity question.
“This is a legal malpractice action arising out of an automobile accident. Defendant Mintzer, Sarowitz,…
