This was the order of events in 135 Bowery LLC v Sofer  2016 NY Slip Op 31012(U)  June 2, 2016 Supreme Court, New York County  Docket Number: 108020/2011  Judge: O. Peter Sherwood.

“This is one of two cases based on the same set of facts. Steven Seitzman and Judith Scitzman (the Seitzmans) are the sole…

From this decision, it seems there is little difference, hence much duplication.  Duplication in the legal malpractice world means dismissal of causes of action, which is what happened here.  Justice Edmead bought none of defendant (counterclaimant’s) arguments.  She dismissed the cause of action in Brinen & Assoc. v Krippendorff  2016 NY Slip Op 31803(U)  September…

Generally speaking, the in pari delicto defense comes up in accounting malpractice cases, where it is alleged that the corporation, which may have benefited from the wrongful conduct not detected by the accountants, is unable to sue the accountants.  Here, in Stokoe v Marcum & Kliegman LLP
2016 NY Slip Op 00587 [135 AD3d 645]  …

American Sec. Ins. Co. v Church of God of St. Albans  2015 NY Slip Op 06699 [131 AD3d 903]  September 2, 2015  Appellate Division, Second Department explains the outer limits of professional responsibility for an architect.  Entering into a contract with the client does not necessarily give rise to general tort liability to others (similar…

It is theoretically possible for plaintiff to win summary judgment in a negligence case; theoretically possible but very very rare.  Benitez v United Homes of N.Y., LLC  2016 NY Slip Op 06153
Decided on September 27, 2016 Appellate Division, First Department is that rare case in which Plaintiff wins partial summary judgment against defendant-attorney on…

ACE Sec. Corp., Home Equity Loan Trust, Series 2006-SL2 v DB Structured Prods., Inc.  2016 NY Slip Op 26105 [52 Misc 3d 343]  March 29, 2016  Friedman, J. is an extremely complicated residential mortgage-securities breach of contract case, the details of which are not particularly germane to legal malpractice considerations.  What is interesting, however, is…

Caravello v One Mgt. Group, LLC  2015 NY Slip Op 07000 [131 AD3d 1191]  September 30, 2015 Appellate Division, Second Department is the rare legal malpractice case that survives a CPLR 3211 attack on a fraud or an aiding and abetting fraud claim.  The decision is worthwhile reading for its definition of the elements of…

Plaintiff wanted to have an extension built and contacted with the architect.  Four years later the NYC Department of Buildings hoisted a red flag, and the architect worked on fixing the problem.  A lawsuit against others commenced and he was added later.  When did the statute of limitations commence and was the action timely?

Bronstein …