Here is a short but complete description of duplicitive pleading in professional negligence cases. It is found in Delphi Healthcare PLLC v Petrella Phillips LLP 2018 NY Slip Op 01012 Decided on February 9, 2018 Appellate Division, Fourth Department.
“Causes of action for negligence, breach of contract and breach of fiduciary duty are duplicative of…
In a rather severe reading of a retainer agreement, Justice Freed of Supreme Court, New York County found that the attorneys were not responsible for any investigation into the insurance coverage of their clients. In Matz v Aboulafia Law Firm, LLC 2017 NY Slip Op 32147(U)
October 10, 2017 Supreme Court, New York County …
First Cent. Sav. Bank v Parentebeard, LLC 2017 NY Slip Op 30974(U) May 10, 2017
Supreme Court, New York County Docket Number: 653680/2014 Judge: Shirley Werner Kornreich discusses the burden a defendant has in a professional negligence case.
“In short, this case concerns the IRS’ s disallowance of $2,514, 143 in net operating losses
(the…
Judiciary Law §487, perhaps the oldest rule (it’s the common law, not a statute) comes up in Unclaimed Prop. Recovery Serv., Inc. v Credit Suisse First Boston Corp.
2018 NY Slip Op 30150(U) January 25, 2018 Supreme Court, New York County Docket Number: 653009/2013 Judge: Saliann Scarpulla, but then it disappears. This is a contract…
As a defense to a claim of over-billing or breach of fiduciary duty, the attorneys often argue that the client paid some bills and then stopped, allowing for the “voluntary payment” doctrine to refute the claims. Dubrow v Herman & Beinin 2018 NY Slip Op 00478 Decided on January 25, 2018
Appellate Division, First Department…
In one of the few applications of Grace v. Law to date, Supreme Court dismisses a legal malpractice case. More than this rare application of Grace, the court dismisses on a question of law.
The facts are simple in Dinerman v Fox 2018 NY Slip Op 30127(U) January 16, 2018 Supreme Court, Kings County Docket…
The decision in Krigsman v Goldberg 2018 NY Slip Op 30104(U) January 19, 2018 Supreme Court, New York County Docket Number: 151271 /16 Judge: Manuel J. Mendez reads like a Dickens novel in which litigation goes on until no one has any money left to litigate over. Widow litigates over the will until she dies,…
Plaintiff may have had a good claim against his accountants, maybe not. The merits will not be reached because of an unusual choice of venues, and the method by which the case was first brought in NY County and then in Westchester County. The choices caused a procedural catastrophy.
DeMartino v Golden 2017 NY Slip Op 04253 [150 AD3d 1200] May 31, 2017 Appellate Division, Second Department shows what happens when a case starts out pro-se, attorneys get substituted in and then everything goes wrong. The summons and complaint were served with a corporation and limited liability company were plaintiffs but were unrepresented. Defendant…
Roth v Rubinstein & Rubinstein LLP 2018 NY Slip Op 30038(U) January 8, 2018 Supreme Court, New York County Docket Number: 154855/16 Judge: Lynn R. Kotler is a story that Hitchcock could have filmed. Husband and wife make a lot (really a lot) of money in business, and then after all that, the husband is…
