Sometimes, people get a tad too worked up over the small things. Ruffalo v Iannace
2017 NY Slip Op 50296(U) Decided on March 9, 2017 Supreme Court, Westchester County
Marx, J. might be an example.
“Plaintiff moves for an order permitting him to proceed as a poor person and for assignment of counsel in this…
Normally when a legal malpractice case is settled, that’s the end of it. Everyone walks away unhappy, but understanding the the dispute is finally over. Not so in Clerico v Pollack
2017 NY Slip Op 01669 Decided on March 8, 2017 Appellate Division, Second Department.
Plaintiffs hired attorneys to sell a house. The sale…
Two recurring doctrines in legal malpractice tend to cull out complicated claims on a regular basis. They are both seen in Rubin v Duncan, Fish & Vogel, L.L.P. 2017 NY Slip Op 01646 Decided on March 7, 2017 Appellate Division, First Department.
Failure to schedule legal malpractice claims in either a Chapter 7 or 11…
Bruce Cutler, scion of a royal Criminal Defense family (father Murray was a big player, brother a federal prosecutor) started off as a Kings County ADA, rising to Homicide Bureau Chief. (Full disclosure…I was a lowly ADA there). Cutler was a demigod in Brooklyn. Then he moved onto criminal defense, eventually representing John Gotti and…
Terms that are often used, often lose their meaning. What is legal malpractice? It’s a situation in which an attorney is retained to represent a client, takes on the case, departs from the standard of good practice for an attorney in similar representations, and where that departure from good practice proximately leads to a bad…
Risk Control Assoc., Inc. v Maloof, Lebowitz, Connahan & Oleske, P.C. 2017 NY Slip Op 01654 Decided on March 7, 2017 Appellate Division, First Department was dismissed and affirmed for the reason that “The factual allegations and the damages sought in the instant action are the same as the factual allegations underlying the legal malpractice…
Bankruptcy plays a major disrupting role, and in Kleinplatz v Nathan L. Dembin & Assoc., P.C. 2017 NY Slip Op 01645 Decided on March 7, 2017 Appellate Division, First Department we see plaintiff losing the right to sue in legal malpractice. It vanished when he repeatedly failed to list the potential claim as an asset.…
Summary judgment in favor of defendant-attorneys is common; summary judgment in favor of the plaintiff-client is rare. Genesis Merchant Partners, L.P. v Gilbride, Tusa, Last & Spellane, LLC 2017 NY Slip Op 30430(U) February 27, 2017 Supreme Court, New York County Docket Number: 653145/2014 Judge: Nancy M. Bannon is an example of plaintiffs’ case, well-played.…
Real estate and real estate development are always hot topics in New York, never more so that after a real estate developer won the presidency. Politics notwithstanding, indemnification in real estate development is always pertinent, and in Board of Mgrs. of the Norfolk Atrium Condominium v 115 Norfolk Realty LLC 2017 NY Slip Op 30348(U) …
Gersh v Nixon Peabody LLP 2017 NY Slip Op 30363(U) February 27, 2017
Supreme Court, New York County Docket Number: 155668/2016 Judge: Carol R. Edmead is an example of the hurdles over which a legal malpractice plaintiff must jump. Its a complicated but familiar estate planning issue. Decedent was previously married with children. Separation agreement…
