In this season, gifts are being shuttled around, and many look to receive. Board of Mgrs. of Brightwater Towers Condominium v SNS Org., Ltd.   2017 NY Slip Op 31791(U)   August 24, 2017   Supreme Court, Kings County Docket Number: 503102/16   Judge: Lawrence S. Knipel is an example what happens when one asks correctly for a second…

Judiciary Law § 487 cases are very very hard to bring.  In the First Department they are even harder to maintain.  When such a case is brought pro-se, the chances of viability plummet.  So it was with Rondeau v Bargman  2017 NY Slip Op 32256(U)  October 19, 2017
Supreme Court, New York County  Docket Number:…

Arbitration clauses in professional malpractice settings are not absolute, but they can be very persuasive to Courts.  When presented with defenses to an arbitration clause, or to other clauses contained in the agreement between client and professional, the Court may take up the issue and decide it, or it can send the issue to the…

Mistakes, mistakes, shoddy performance!  This is what malpractice cases are all about.  However, litigation over these issues is rarely simply about the mistake.  It’s the surround that matters so much more.  The “surround” ?  What we mean by this is the more subtle issues such as proximate cause, professional strategy, etc. Vitale v Koenig  2017…

For a well written discussion of the elements of continuous representation, we suggest that RJR Mech. Inc. v Ruvoldt  2017 NY Slip Op 31232(U)  June 8, 2017  Supreme Court, New York County  Docket Number: 158764/2015  Judge: Jeffrey K. Oing serves as a prime example.

” As in the first action, the. complaint in the second…

A simple fact pattern.  Customer comes to store, is offered valet parking.  Customer gives car to valet driver, who proceeds to strike a pedestrian.  Who may be responsible and how do the liabilities of the store, the valet service, the valet driver interact?

Berger v Rokeach  2017 NY Slip Op 27374  Decided on November 20,…

Professional negligence similar to legal malpractice deals with areas of specialized knowledge.  When the term “specialized knowledge” is used, the trial lawyer thinks: “admissibility”, “lay juries” and “experts.”  In Herman v Franke, Gottsegen, Cox Architects  2017 NY Slip Op 07980
Decided on November 15, 2017 Appellate Division, Second Department one side utilized an expert, the…