Attorneys and attorney fees inhabit such a large portion of the legal malpractice universe, and indeed the legal practice universe itself, that it is a tautology to say that attorney fees are always the subject of attorneys’ attention.
The story in Matter of Ginsburg 2016 NY Slip Op 07733 Decided on November 17, 2016 Appellate…
Breslin v Raich, Ende, Malter & Co., LLP 2016 NY Slip Op 32015(U) July 25, 2016 Surrogate’s Court, Nassau County Docket Number: 290592J Judge: Margaret C. Reilly is the story of a really, really big estate and how multiple professionals are said to have committed professional negligence.
“Robert Frankel (the decedent) died on April 21,…
Analogy is a familiar tool in legal analysis. An analogy to legal malpractice insurance coverage law helps to understand the holding in Matter of Neuberger Berman Trust Co., N.A. 2016 NY Slip Op 32277(U) November 10, 2016 Surrogates’s Court, New York County Docket Number: 1983-0735 D Judge: Nora S. Anderson.
One of the more prominently…
Professionals get one kind of statute of limitations; all others get a different kind. That is the lesson of Brown v Deck 2016 NY Slip Op 30337(U) February 26, 2016 Supreme Court, New York County Docket Number: 152769/2015 Judge: Cynthia S. Kern. For professionals, the statute starts to run on the date of the negligence;…
In the professional malpractice world, which takes in all professionals other than physicians, we see the evolution of principals from medical malpractice to other professional malpractice claims. As an example, continuous treatment evolved into continuous representation. This process and how it is applied is discussed in Jefferson Apts., Inc. v Mauceri 2016 NY Slip Op…
Big law firm gets hired to guide an unusual real estate tax deduction which goes wrong. How do the timelines for legal malpractice, IRS tax determinations, tax years, and the filing of deeds interact?
BLDG Christopher LLC v Herrick Feinstein LLP 2016 NY Slip Op 32237(U) October 31, 2016 Supreme Court, New York County Docket…
Professional negligence is different from ordinary negligence. How, one asks? When the statute of limitations commences is one difference. We see in All Craft Fabricators, Inc. v Syska Hennessy Group, Inc. 2016 NY Slip Op 07257 Decided on November 3, 2016 Appellate Division, First Department that the statute normally starts later for professional negligence.
“Plaintiffs…
What exactly does it take to form an attorney-client relationship? When are services provided to a party susceptible of a claim of legal malpractice?
Exeter Law Group LLP v Wong 2016 NY Slip Op 32190(U) October 26, 2016 Supreme Court, New York County Docket Number: 161667/2014 Judge: Eileen A. Rakower tells us that: “”To determine…
Billiard Balls Mgt., LLC v Mintzer Sarowitz Zeris Ledva & Meyers, LLP 2016 NY Slip Op 26356 Decided on November 2, 2016 Supreme Court, New York County Edmead, J. is an application of a 200 year old case to a question of timeliness. When does the statute of limitations commence for a legal malpractice case…
Resnick v Abelow 2016 NY Slip Op 32197(U) October 26, 2016 Supreme Court, New York County Docket Number: 654313/2015 Judge: Eileen A. Rakower is the very rare legal malpractice case that starts off with a request for a default judgment. Typically attorneys have malpractice insurance which mitigates against defaults. Here, as almost always, something has…
