High-level employee is the subject of a state investigation along with the Hospital employer. The investigation and litigation continue and eventually the hospital and the County succeed. The employee, not so much. Employee says that had the attorneys filed a certain appeal, he would have been exonerated. May he sue the attorneys assigned to him,
Legal Malpractice Cases
This Is A Rare “Speculation” Case
By Andrew Lavoott Bluestone on
Posted in Legal Malpractice Cases
When a legal malpractice claim requires that the Court decide how a non-party would have acted, th Court often calls this “speculation.” Examples are: what would the other side have done if a specific offer had been made? How would a court have decided an issue which was never raised? How much would another driver…
Some of the Dangers of Pro-Se Litigation
By Andrew Lavoott Bluestone on
Posted in Legal Malpractice Cases
Litigation is a major-league sport. It can be dangerous, and there can be injuries. Even when a talented amateur gets involved, there can still be basic problems which remain unsolved. DeMartino v Golden 2017 NY Slip Op 04253 Decided on May 31, 2017 Appellate Division, Second Department is an example where two intersecting problems caused…
Both Sides Lose in a Real Estate – Legal Malpractice Case
By Andrew Lavoott Bluestone on
Posted in Legal Malpractice Cases
An error is made at a closing, and the other side takes advantage of the error. May the attorney say something like: “Sure…I made a mistake, but the intervening event was the other side taking advantage” ? Not in this case.
Ragunandan v Donado 2017 NY Slip Op 04306 Decided on May 31, 2017 Appellate…
The Off-Hand Comment Was Merely Dicta
By Andrew Lavoott Bluestone on
Posted in Legal Malpractice Cases
Bringing a legal malpractice case based upon a badly handled legal malpractice case is a perilous situation. Worse still if there is an ambiguous decision upon which it is all based. So it was in 4777 Food Servs. Corp. v Anthony P. Gallo, P.C. 2017 NY Slip Op 04086 Decided on May 24, 2017 Appellate…
With No Explanation, An Affirmance
By Andrew Lavoott Bluestone on
Posted in Legal Malpractice Cases
Sometimes a court decision tells a story. Sometimes, not. Richmond Holdings, LLC v David S. Frankel, P.C. 2017 NY Slip Op 04160 Decided on May 24, 2017 Appellate Division, Second Department recites an important (if well understood) standard of legal malpractice, but leaves the reader clueless. “To sustain a cause of action alleging legal malpractice,…
Start With a Bad Foundation…
By Andrew Lavoott Bluestone on
Posted in Legal Malpractice Cases
It may be just one townhouse on 18th Street, but the ramifications of a bad “underpinning” to a foundation go on and on. In Bose v Think Constr. LLC 2017 NY Slip Op 30944(U)
May 4, 2017 Supreme Court, New York County Docket Number: 154628/2015 Judge Cynthia S. Kern (just yesterday elevated to the Appellate…
The Successor Counsel Principle, Illustrated
By Andrew Lavoott Bluestone on
Posted in Legal Malpractice Cases
Common to legal malpractice litigations are changes to attorney representation during the underlying case. These changes of attorneys raise not only the statute of limitations, but also the successor counsel principle. Hufstader v Friedman & Molinsek, P.C. 2017 NY Slip Op 03996
Decided on May 18, 2017 Appellate Division, Third Department is an excellent example.…
How Egregious Must The Act Be?
By Andrew Lavoott Bluestone on
Posted in Legal Malpractice Cases, Uncategorized
Judiciary Law § 487 is a harsh, almost medieval law, with treble damages and a potential criminal conviction lurking. The Appellate Division has said that it is not lightly granted, and in Brookwood Cos., Inc. v Alston & Bird LLP 2017 NY Slip Op 00535 [146 AD3d 662] January 26, 2017 Appellate Division, First Department…
Claim of Attorney Mistake is Utterly Refuted
By Andrew Lavoott Bluestone on
Posted in Legal Malpractice Cases
Did the defendants wait too long to seek attorney fees as prevailing parties? If they did wait too long, it could be malpractice. In Smith, Gambrell & Russell, LLP v Telecommunication Sys., Inc. 2017 NY Slip Op 30951(U) May 5, 2017 Supreme Court, New York County Docket Number: 653476/2016 Judge: Anil C. Singh sits…