Dec v BFM Realty, LLC  2017 NY Slip Op 05936  Decided on August 2, 2017 Appellate Division, Second Department.  Summary judgment is granted below, and the AD affirms.  In a short opinion, little light is shed.

“The plaintiff commenced this action alleging two causes of action. The first cause of action, alleging fraud, was asserted…

Judiciary Law § 487 claims do not generally get to a jury.  In Dupree v Voorhees 
2017 NY Slip Op 06062  Decided on August 9, 2017  Appellate Division, Second Department a 12 year old case, which long ago raised new issues in Judiciary Law § 487 ended with a non-jury verdict.

In Dupree,  the 487…

World wide investor signs contracts for a number of Trump condos, and then loses it all. How could this happen?  The answer is that 10 years went by while the pre-case issues simmered.  In the end, none of the attorneys will be held responsible.

Soloway v Kane Kessler, PC  2017 NY Slip Op 50992(U) Decided…

There are certain areas of the law which are reserved to the federal courts.  These areas of law arise because the relevant law is found in federal statutes, or because the area which was previously spread across both state and federal statute or common law has become preempted by later federal statutes or case law.  …

Yesterday, we reviewed the first go-round in Mrs. Weinberg’s litigation to undo the sale of two buildings, one of which was her family home for the past 50 years.  Today, in Weinberg v Kaminsky 2017 NY Slip Op 31628(U)  August 4, 2017  Supreme Court, New York County
Docket Number: 150869/2017 Judge: Manuel J. Mendez, we…

Looking back at Weinberg v Sultan  2016 NY Slip Op 05939 [142 AD3d 767]  September 1, 2016
the question before the Appellate Division, First Department seems to have been was whether plaintiff was duped or not, and whether her former son-in-law took a large “consulting fee” and did so to her detriment.  Whether former sons-in-law…

Matter of Ginsburg  2016 NY Slip Op 07733 [144 AD3d 1357]  November 17, 2016  Appellate Division, Third Department is a sad story of despair overlaid with a sordid story of attorney fee grasping.  In the end, not a lot was accomplice.  The decision gives some practical advice on settlements and attorney retention.

“On February 17,…

A personal injury takes place, and is litigated.  It goes to verdict which exceeds the insurance coverage.  What is a defendant to do?  Well, one solution is a bad faith litigation against the carrier, and an assignment to the plaintiff.  Plaintiff gets the chance to obtain the balance (over the policy limits) from the insurer,…