In a matrimonial action, every t must be crossed, and every i dotted. One reason for this is the tremendous emotional and economic issues which often cause irrational conduct. Hell hath no fury…like a losing matrimonial litigant. Walker v Kramer 2018 NY Slip Op 04375 Decided on June 13, 2018 Appellate Division, Second Department is
Legal Malpractice Cases
The Rare Application of Grace v. Law
By Andrew Lavoott Bluestone on
Posted in Legal Malpractice Cases
Grace v. Law is the groundbreaking Court of Appeals case which said, in essence, if you have a meritorious appeal, it must be taken before starting a legal malpractice case. Application of the doctrine has been spotty. Leicht v Meyer, Suozzi, English & Klein, P.C. 2018 NY Slip Op 31161(U) May 17, 2018 Supreme Court,…
A Primer on Legal Malpractice and Its Siblings
By Andrew Lavoott Bluestone on
Posted in Legal Malpractice Cases
Wow! Furgang & Adwar, LLP v S.A. Intl., Inc. 2018 NY Slip Op 31151(U) June 6, 2018
Supreme Court, New York County Docket Number: 651192/2014 Judge: Eileen A. Rakower is a primer on the elements of legal malpractice, breach of contract, breach of fiduciary duty, fraud, as well as how to decide a CPLR 3211…
Is It Tort Or Contract Law Here?
By Andrew Lavoott Bluestone on
Posted in Legal Malpractice Cases
In this architectural malpractice case, the Court finds that both malpractice and breach of contract claims remain viable.
Yellin v Zimmerman 2018 NY Slip Op 04098 Decided on June 7, 2018 Appellate Division, First Department is a case in which there are sufficient different claims so that both malpractice and breach of contract (for different…
It All Ends In Dismissal
By Andrew Lavoott Bluestone on
Posted in Legal Malpractice Cases, Uncategorized
BUFFALO: After much litigation, this case ends with all causes of action and all counterclaims dismissed. Fee Claims as well as Legal Malpractice Claims are all out and the matter is over.
“Memorandum: Plaintiff commenced this action for legal malpractice alleging that defendants acted negligently while representing it in an action involving a construction dispute.…
So Many Ups and Downs in a Municipal Negligence Case
By Andrew Lavoott Bluestone on
Posted in Legal Malpractice Cases
CANTON, NY: George v Phippen 2018 NY Slip Op 50809(U) Decided on June 5, 2018
Supreme Court, St. Lawrence County Farley, J. is the story of a simple car accident encumbered by a number of missteps. It is a cautionary tale for legal malpractice observers. It all starts with a traffic accident with a municipal…
When Does That Statute Start To Run?
By Andrew Lavoott Bluestone on
Posted in Legal Malpractice Cases
The statute of limitations is a significant issue for many litigants. There is a delay or lapse time between when a mistake is made and when a legal malpractice case is commenced. In some cases, plaintiffs wait to see whether a mistake can be fixed; sometimes new counsel don’t magically appear right away and there…
Defaults and Document Productions
By Andrew Lavoott Bluestone on
Posted in Legal Malpractice Cases
47 Third Residential Invs. LLC v Georges 2018 NY Slip Op 30989(U) May 22, 2018
Supreme Court, New York County Docket Number: 155636/2017 Judge: Robert D. Kalish is the sad story of architectural work, of mistakes, and of tremendous losses, now probably not covered by insurance.
“Plaintiff commenced the instant action on June 21, 2017,…
Too Little Explanation
By Andrew Lavoott Bluestone on
Posted in Legal Malpractice Cases
ALBANY: The Third Department heard oral argument and rendered a decision in Mid-Hudson Val. Fed. Credit Union v Quartararo & Lois, PLLC 2017 NY Slip Op 07916 [155 AD3d 1218]
November 9, 2017 Appellate Division, Third Department, holding that in this legal malpractice case there were simply not enough allegations for the court to…
Some Big Names, Small Results in This Judiciary Law 487 Case
By Andrew Lavoott Bluestone on
Posted in Legal Malpractice Cases
Despite the writing of one of the biggest names in legal circles, Appellant got absolutely nowhere in challenging Judge Kornreich. As she is retiring, this may be one of her last opinions.
Shawe v Elting 2018 NY Slip Op 03644 Decided on May 22, 2018 Appellate Division, First Department is an example of how the…