Snow and ice cases are difficult. Fall too soon and the landowner gets the benefit of the “strorm-in-progress” defense. Fall at the right time, and you have to prove that the landowner created the situation. Hire the wrong attorney, and your legal malpractice case difficulty rises to the Nth degree. So, Balan v Rooney 2017
Legal Malpractice Cases
A Sole Cause of Action Survives After Reversal on Appeal
By Andrew Lavoott Bluestone on
Posted in Legal Malpractice Cases
Palmeri v Wilkie Farr & Gallagher LLP 2017 NY Slip Op 05794 Decided on July 25, 2017
Appellate Division, First Department is one of those rare cases where a subsidiary cause of action survives, while the major causes of action are all dismissed. In the legal malpractice world, the major cause of action is LM,…
The Outcome Was Correct; The Process Was Flawed
By Andrew Lavoott Bluestone on
Posted in Legal Malpractice Cases
When you tease out the underlying process of the summary judgment motion practice in Burbige v Siben & Ferber 2017 NY Slip Op 05704 Decided on July 19, 2017 Appellate Division, Second Department it becomes apparent that the Appellate Division saw less in the underlying motions than did Supreme Court. Both, however, came to the…
Death, Malpractice and Surrogate’s Court
By Andrew Lavoott Bluestone on
Posted in Legal Malpractice Cases
One does not often see legal malpractice cases reported out of Surrogate’s Court. Matter of Schleifer 2017 NY Slip Op 31501(U) July 14, 2017 Surrogate’s Court, New York County
Docket Number: 2010-3599/A Judge: Rita M. Mella is a big-number, multi-defendant real estate and commercial estate-fraud-legal malpractice case. It discusses a number of fraud-rescission-release-pleading issues which…
An Interesting Primer on Legal Fee Billing and Retainers
By Andrew Lavoott Bluestone on
Posted in Legal Malpractice Cases
In Menaker & Herrman, LLP v Foster 2017 NY Slip Op 31456(U) July 7, 2017 Supreme Court, New York County Docket Number: 651969/2016 Judge Manuel J. Mendez presents a primer on the law of legal fee billing and retainer agreements.
“The complaint alleges that on May 3, 2013, defendant, Larry J. Guffey, an at1:orney, retained…
A Real Mess, Across The Board
By Andrew Lavoott Bluestone on
Posted in Legal Malpractice Cases
Professional Negligence, especially in the real estate construction field is the source of a number of litigation problems. Architects routinely use arbitration clauses. Zoning issues, including the mistaken analysis of what might be built on a specific lot are themselves subject to governmental immunity. 2649 E. 23 LLC v New York City Dept. of Bldgs.…
A Difference Between Breach of Contract and Negligence
By Andrew Lavoott Bluestone on
Posted in Legal Malpractice Cases
Board of Mgrs. of 100 Congress Condominium v SDS Congress, LLC 2017 NY Slip Op 05414 Decided on July 5, 2017 Appellate Division, Second Department offers an explanation of the difference between breach of contract and negligence in an architectural negligence case.
“The plaintiff, suing on behalf of the unit owners of a condominium building…
Is Litigation the Sport of Kings? Read This Case
By Andrew Lavoott Bluestone on
Posted in Legal Malpractice Cases
A couple of entrepreneurs meet in college and start up a translation company. Many years later, successful as hell, they embark on a new hobby…litigation. Both take to the sport and become pros. Shawe v Elting 2017 NY Slip Op 31406(U) June 29, 2017 Supreme Court, New York County Docket Number: 153375/2016 is a wonderful…
Summary Judgment Denied…No Facts Given
By Andrew Lavoott Bluestone on
Posted in Legal Malpractice Cases
Our mission is to cover and report every legal malpractice case we can fine. In Kings County, there are fewer decisions published electronically than in other places. So, when the Appellate Division rules without giving any of the underlying facts, we traditionally go to the electronic filing system, and if the case is too old,…
Lateral Attorney Movement and Continuous Representation
By Andrew Lavoott Bluestone on
Posted in Legal Malpractice Cases
Cordero v Koval Retjig & Dean PLLC 2017 NY Slip Op 05036 Decided on June 20, 2017 Appellate Division, First Department presents an interesting question. How does continuous representation in legal malpractice affect the statute of limitations amid lateral movement of attorneys from one firm to the next?
In this case, the matter travelled with…