In general, a legal malpractice case based upon a problemed medical malpractice case may be the most difficult litigation case known;  it requires competence in two different spheres, and a lot of experts.  A snow and ice case is difficult for plaintiff, since there are so many defenses.  A legal malpractice case based upon a…

In the end, it only matters that the law firm was given notice of the claims. D’Angelo v Kujawski   2018 NY Slip Op 05750  Decided on August 15, 2018  Appellate Division, Second Department stands for the proposition that once the law firm had notice of the claims, then substitution of the proper party as plaintiff…

It’s rare, very rare, to come across what the Court thinks might be a novel question of law, especially in a legal malpractice setting.  Generally, the triumvirate of claims found in a legal malpractice setting are legal malpractice, breach of contract and breach of fiduciary duty,  In FTI Consulting, Inc. v CT Miami, LLC  2018…

We discussed Gilbo v Horowitz  2018 NY Slip Op 31844(U)  July 31, 2018  Supreme Court, New York County  Docket Number: 158727/2017  Judge: Margaret A. Chan last week in the context of ripeness in a multiple -attorney setting.  Beyond whether the case is ripe against prior attorneys while the underlying case is pending, is the question…

One of the most common reflexive decisions by courts is to dismiss a breach of contract as well as a breach of fiduciary duty as duplicitive of the cause of action for legal malpractice.  If the claims of breach arise from the same facts and damages are similar then they are duplicitive.  However, when there…

Time tick by, constantly and rapidly.  Gilbo v Horowitz  2018 NY Slip Op 31844(U)  July 31, 2018
Supreme Court, New York County  Docket Number: 158727/2017  Judge: Margaret A. Chan is an example of how there can be a terrible injury, yet no clear legal malpractice landscape.  Besides the confusion over which attorney might be responsible,…

Marder’s Antique Jewelry, Inc. v Bolton  2018 NY Slip Op 31828(U)  July 31, 2018
Supreme Court, New York County  Docket Number: 152926/2012  Judge: Arlene P. Bluth is an excellent example of how a “legal malpractice” case becomes an unsuccessful legal malpractice case.  Practitioners and the general public are quick (and often accurate) in pointing out…

Litigants often want to sue a court-appointed official, whether it be a guardian ad litem, an attorney for the child, an accounting expert or another kind of expert practitioner who is inserted into the case.  When those practitioners are attorneys, the question of privity arises; when they are not, the question of whether they are…