Bison Capital Corp. v Hunton & Williams LLP  2016 NY Slip Op 31467(U)  July 28, 2016
Supreme Court, New York County  Docket Number: 153793/15  Judge: Saliann Scarpulla starts out as a $ 116 Million  legal malpractice case, brought by two uber law firms in the NY area, and ends as a breach of contract for…

In all legal malpractice cases one compares the hypothetical better outcome to that of the actual.  Where there is a significant difference, it can be said that there is a proximately caused outcome.  That, however, is different from the “but for” causation which is unique to legal malpractice.  Here, one must show that there is…

In this case, for the statute of limitations it makes a great deal of difference whether the work being performed by professionals (accountants) was by the month or by the tax year.  Calculation of the statute of limitations is strongly affected by this determination.

Lobel Chem. Corp. v Petitto   2016 NY Slip Op 30273(U)  February…

Clients hired attorneys to set up and oversee a trust.  The funding for the trust was from life insurance policies.  The attorneys were tasked with making sure the insurance policies stayed in effect.  Then…

Ianiro v Bachman  2015 NY Slip Op 06709 [131 AD3d 925]  September 2, 2015  Appellate Division, Second Department tells us that…

Sometimes short and concisely written opinions contain much information. Today, we continue with  Jefferson Apts., Inc. v Mauceri  2016 NY Slip Op 26230  Decided on July 25, 2016  Supreme Court, Queens County  Ritholtz, J. are simple.  An accounting firm is hired to oversee the basic accounting needs of a corporation.  Lots of money is missing.  …

If one reads enough litigation cases, the frequency of intra-family discord over money is striking.  If one speaks with potential clients, the frequency is even more striking.  Brother against brother, sibling against sibling and parents against children are more the norm than the exception.  Kaplan v Valley Natl. Bank  2016 NY Slip Op 51108(U)  Decided…

Can there be a more complex financial undertaking than getting involved in new stock offerings for a China coal company?  The due diligence was assigned to the defendants as well as Kroll Investigators.  Kroll seems to have gotten it right, while both the attorneys and the client missed the most obvious notes written into the…

Plaintiff pled a Judiciary Law § 487 claim, but it did not survive a motion to dismiss.  The Appellate Division reviews.  What did it have before it, and how does it proceed?

Gumarova v Law Offs. of Paul A. Boronow, P.C.  2015 NY Slip Op 05155 [129 AD3d 911]
June 17, 2015  Appellate Division, Second…