We’ve discussed other statute of limitations cases this week, and Roubeni v Dechert, LLP  2018 NY Slip Op 01950  Decided on March 21, 2018
Appellate Division, Second Department is an excellent example of what is really the only way around the iron-clad rule that the statute of limitations in legal malpractice commences at the mistake…

Genet v Buzin  2018 NY Slip Op 01878  Decided on March 20, 2018  Appellate Division, First Department is an example of a pro-se legal malpractice case wiped off the board.  In a short decision, which gives few clues, the AD affirmed in about the shortest way possible.

“Order, same court and Justice, entered January 20,…

The statute of limitations, as we have commented recently, is a social policy which seeks to limit the backlog of potential claims now sitting in virtual warehouses around the nation.  You’ve been harmed, and that harm is actionable.  Society has decided that certainty of business and personal life requires that such claims be brought, or…

The statute of limitations serves to freshen and re-freshen the litigation warehouse.  Claims and potential claims are warehoused, and then sometimes brought out.  Policy considerations require that there be limits on how long a claim can be stored.  When the sue-by date arrives, the question of a statute of limitations must be decided, as in …

Reading legal malpractice cases is an exercise in human sadness and unfortunate circumstance.    Okello v Schwartzapfel, P.C.  2018 NY Slip Op 30402(U)  March 12, 2018  Supreme Court, New York County  Docket Number: 154971/2017  Judge: Arlene P. Bluth  is no exception.  The case illustrates the intersection between mental illness, insanity and tolling of the statute of…

Vitale v Koenig  2017 NY Slip Op 51557(U) [57 Misc 3d 1219(A)]  Decided on October 12, 2017
Supreme Court, New York County  St. George, J. gives a very nice analysis of how accounting malpractice is considered on a motion for summary judgment.

“The current lawsuit, which is joined for discovery purposes with Vitale v Sonzone…

Freeman v Brecher  2017 NY Slip Op 07949 [155 AD3d 453]  November 14, 2017  Appellate Division, First Department is a series of “no” determinations.  Not Legal Malpractice, not Judiciary Law § 497,, not breach of fiduciary duty.

“Plaintiff’s claim for legal malpractice in connection with an underlying settlement fails to state a cause of action…

It is not often you get a short precise decision which lays out what and how a Legal Malpractice and a Judiciary Law 487 case may be proven, but Gorbatov v Tsirelman  2017 NY Slip Op 07979 [155 AD3d 836]  November 15, 2017  Appellate Division, Second Department is just that.

“The plaintiff Yevgeny Gorbatov is…