Katz v Beil 2016 NY Slip Op 05977 Decided on September 14, 2016 Appellate Division, Second Department is an unusually long Appellate Division case which is unusually full of discussion of the various standards for motions, amendments and summary judgment. Read it as a primer on litigation standards.
1.”Contrary to the plaintiffs’ contention, the Supreme…
Professional negligence is not unlike legal malpractice…at least in the statute of limitations area. There are strict rules, and waiting too long is fatal. That’s what appeared to happen in Willis Ave Dev., LLC v Block 3400 Constr. Corp. 2016 NY Slip Op 05991 Decided on September 14, 2016 Appellate Division, Second Department. This mix…
Practitioners in the Judiciary Law § 487 field expect that they will always be facing an uphill battle. Facebook, Inc. v DLA Piper LLP (US) is an example of just how uphill it is. Supreme Court denied a motion to dismiss. The Appellate Division reversed and yesterday, the Court of Appeals refused to consider the…
Sadly, mistakes in a legal malpractice case seem to appear larger than in other areas of litigation. “The cobbler’s child is shoeless” is an older variant of the same issue. In Brown v Sanders
2016 NY Slip Op 05967 Decided on September 14, 2016 Appellate Division, Second Department we see a legal malpractice that was…
What happens when professionals take on a job, issue reports telling the client that all is well, only to have a governmental authority say that all is not well, and that the statutory reports understate a liability by $37 Million?
Leading Ins. Group Ins. Co., Ltd. v Friedman LLP 2016 NY Slip Op 30375(U) March…
Plattsburgh Hous. Auth. v Cantwell 2015 NY Slip Op 51832(U) [49 Misc 3d 1221(A)] Decided on September 23, 2015 Supreme Court, Clinton County Muller, J. is the story of an upstate city which had a housing authority. Once upon a time it hired an attorney to be its outside counsel. Then she was hired as…
A big construction of a supermarket is marred when the floor settles in an unsettling manner. The architect is sued, and motion practice ensues. It appears that there is a limitation of liability agreement which would severely undermine the case against the architect…or is there? This case highlights the necessity of using more words, rather…
Plaintiffs signed a consent agreement with the IRS agreeing to more than $ 1.5 Million as well as civil fraud and negligence penalties. That’s a lot of money. The attorneys who represented them continued on for a period of time and then wrapped up the IRS matter. Plaintiffs sued, and faced both a statute of…
Well known attorney has a longtime relationship with a CPA. CPA moves from firm to firm and takes the attorney’s tax business with him. It seems that he then files falsified tax returns, takes the attorney’s money and holds on to it, and does so while using his firms’ computer tax programs. CPA is indicted…
Weinberg v Sultan 2016 NY Slip Op 05939 Decided on September 1, 2016 Appellate Division, First Department is an example of legal malpractice issues that will arise and continue to arise as the baby boomer generation divests itself of assets gathered during the past 50 years.
Here, the former son-in-law of plaintiff intervened in the…
