A filing is due today.  By an inadvertant error, it is not filed by midnight.  It is filed before the opening of business the next day.  Any repercussions in Legal Malpractice?  Yep.

The mistakes catalogued in Shenzhen Kehuaxing Indus. Ltd. v Curtis, Mallet-Prevost, Colt & Mosle LLP  2016 NY Slip Op 31593(U)  August 12, 2016  …

The AD2 is overburdened, and has an ultra busy caseload.  As a result, its decisions are sometimes gnomic, dense and somewhat short on the detail of the underlying case. Silverman v Potruch & Daab, LLC  2016 NY Slip Op 05857  Decided on August 24, 2016  Appellate Division, Second Department is an example.  The law…

A person comes to the office.  He has had a car accident.  While at the office, the law firm decides that it will not take the case, but gives it to an attorney who might be an “of counsel”, or an employee who is going off on his own, or simply someone hanging around.  In…

Tai v Broche  2016 NY Slip Op 31586(U)  August 18, 2016  Supreme Court, New York County
Docket Number: 652769/2011  Judge: Joan M. Kenney is the story of some high-stakes Manhattan real estate, and the legal malpractice claims that accompany it.  The attorneys say that they warned their client not to close, but close it did.  …

The headline is the story in a nutshell.  When a retail business is sold to a new owner, there will always be old sales taxes due to the State, even if only for the last quarter. A procedure exists so that the buyer can immunize itself from being responsible for the unpaid sales taxes of…

In the accounting malpractice world, defendants often try to distinguish between a “look-see” and a thorough audit.  The audit examines bank records, backup, bills, invoices, tax returns, etc.  Anything else is merely a “compilation” based upon provided records, and the usual disclaimer is that the client was unwilling to pay for the full audit.  Unwilling…

Ever since the founding of the Colony, Manhattan real estate has been a widely discussed and studied subject.  The sale of  549 Manhattan Avenue is no exception.  Was there fraud, duress, misconduct?

Jennings-Purnell v Donner  2016 NY Slip Op 31517(U)  August 10, 2016  Supreme Court, New York County  Docket Number: 110344/2006  Judge: Robert D. Kalish…

Whether the issue arises in an insurance coverage case for personal injury or in a legal malpractice coverage case, notice to the carrier is all important, and the failure to notify can gut coverage.  Cohen Bros. Realty Corp. v RLI Ins. Co.  2016 NY Slip Op 31493(U)  August 3, 2016 Supreme Court, New York County …