A disciplinary violation, without more, cannot support a legal malpractice case.  The lesson of Arga Capital, Inc. v Kreiner & Kreiner LLC  February 23, 2018  Supreme Court, New York County
Docket Number: 651649/2014  Judge: Saliann Scarpulla  is that a conflict of interest coupled with demonstrable negligence can definitely support a legal malpractice claim.

“Arga is…

Exeter Law Group LLP v Immortalana Inc.  2018 NY Slip Op 01269  Decided on February 22, 2018  Appellate Division, First Department  started as a fee dispute.  It now continues into the Appellate Division as a full blown legal malpractice case with third-party defendants.  Perversely, attorneys who gave favorable affidavits to Plaintiff are now third-party defendants.…

Homeward Residential., Inc. v Thompson Hine LLP  2018 NY Slip Op 30325(U)  February 22, 2018  Supreme Court, New York County  Docket Number: 156730/2017  Judge: Arlene P. Bluth claims that when Plaintiff was successfully sued in Georgia, its attorney failed to cite a local rule which limited punitive damages.  As a result, instead of the limited…

The statute of limitations is well known to be 3 years for legal malpractice.  When it starts is firmly set in stone.  It starts when the mistake is made.  Continuous representation is also well known, but murkier.  In general, there must be a continuing relationship of trust and confidence between the client and the attorney…

In legal malpractice, one may allege pecuniary loss only.  No emotional disturbance claims permitted.  No loss of enjoyment of life permitted.  However, this professional negligence claim was dismissed for  claiming pecuniary loss.  Lerner v Douglas Elliman Real Estate, Inc. , 2018 NY Slip Op 30280(U), February 15, 2018  Supreme Court, New York County  Docket Number:…

Sun Jackie Huh v Harter, Secrest & Emery, Llp   2018 NY Slip Op 30249(U)  February 5, 2018  Supreme Court, New York County  Docket Number: 160167/2016  Judge: Anthony Cannataro presents a number of challenges to understanding the dispute.  The facts are simple enough.  Plaintiff goes to an acupuncturist, who basically loses and then breaks a needle,…

Plaintiff’s legal malpractice case rested on whether the attorneys were required to give the client any advice on the purchase of a very expensive apartment.  With $ 9.8 Million at stake, and the sponsors changing the “deposit” into a “gift” and a “loan” was there any malpractice?

Riviera Prop. Holdings, LLC v Ferber Chan Essner …

Professionals such as doctors, lawyers, architects, engineers, can be held for tort.  Others, almost never.  But, what is the difference when they are being sued?  Dormitory Auth. of the State of N.Y. v Samson Constr. Co.  2018 NY Slip Op 01115  Decided on February 15, 2018  Court of Appeals DiFiore, Ch. J. with its two…