Chandy Bounkhoun, Plaintiff,  v.  Steven E. Barnes, Esq. et al., Defendants. No. 15-CV-631A.
United States District Court, W.D. New York.  April 11, 2017 is a stunning new decision from the Western District of New York.  Magistrate Scott takes us from Medieval England to colonial times to look at the the criminal law underpinnings of…

Chapman Steamer Collective LLC v Jones    2017 NY Slip Op 30722(U)  April 13, 2017
Supreme Court, Kings County  Docket Number: 501809/16  Judge: Ellen M. Spodek asks the question of what happens when an attorney takes on a very difficult case, offers the only (weak) defense and loses the case.  Was the effort without any merit?…

Often, a Judiciary Law § 487 claim is mentioned, or even discussed, but not resolved in a case. Gerard v Cahill    2017 NY Slip Op 02779  Decided on April 12, 2017  Appellate Division, Second Department is such an example.  A real estate dispute with overtones of fraud, there is a 487 claim.  Was it decided?…

Pick & Zabicki LLP v Wu  2017 NY Slip Op 30687(U)  April 4, 2017  Supreme Court, New York County  Docket Number: 155702/2016  Judge: Gerald Lebovits is interesting because, although a generic attorney-fee claim with generic defenses, it is a very complete generic listing.  So, read this case for the long discussion of 20 affirmative defenses…

Hattem v Smith  2017 NY Slip Op 02872  Decided on April 13, 2017  Appellate Division, Third Department is a rare legal malpractice tried to verdict.  It involves the sale of a business and the aftermath.  Even more rare were the “comparative fault” and “mitigation of damages” defenses.  Here is how the Third Department explains:

“Plaintiff…

One sentence in 3rd & 6th, LLC v Berg  2017 NY Slip Op 02768  Decided on April 12, 2017
Appellate Division, Second Department opinion says two things.  When does the statute of limitations commence?  When the negligent act takes place or when all the elements come together?

“An action to recover damages arising from legal…

Overbilling by an attorney as the basis of a breach of fiduciary duty claim.  It’s a good idea.  The Breach claim will not be dismissed as duplicitive, a positive finding leads to significant damages.  All-in-all not too bad?

In Genesis Merchant Partners, LP v Gilbride, Tusa, Last & Spellane LLC 
2017 NY Slip Op 02753  …

In legal malpractice, the statute of limitations commences with the negligent act, which may be tolled for continuous representation.  With architects it is different, as shown in New York City School Constr. Auth. v Ennead Architects LLP  2017 NY Slip Op 02387  Decided on March 28, 2017  Appellate Division, First Department.

“On this CPLR 3211(a)(5)…