Generally speaking, we find that Courts favor attorneys in legal malpractice settings.  Once in a while the opposite is true, and as always, the Appellate Division reviews these decisions and corrects any mistakes.

Jorge v Hector Atilio Marichal, P.C. 2016 NY Slip Op 04911  Decided on June 22, 2016
Appellate Division, Second Department discusses a…

A frequent sports simile is “no harm-no foul” which means that even if you are caught doing something wrong, if no one is harmed, it will be overlooked.  The same is true both in legal malpractice and in violations of Judiciary Law § 487.  In legal mal, if there is no “but for” (the mistake…

In Meredith v Siben & Siben, LLP 2015 NY Slip Op 06120 [130 AD3d 791] July 15, 2015
Appellate Division, Second Department defendants waited until late in the case to move to dismiss on the statute of limitations.  Why?  Perhaps some evidence had to be obtained, or perhaps it was an oversight.  Result?  The statute…

This case illustrates the problem when a client hires a state-wide law firm which engages in TV advertising and then watches the case bounce all over the state.  Cellino & Barnes, P.C. v Law Off. of Christopher J. Cassar, P.C.  2016 NY Slip Op 04823  Decided on June 17, 2016
Appellate Division, Fourth Department is…

The statute of limitations in legal malpractice is three years, with no “discovery” rule.  This harsh cut-off is ameliorated by the principle of continuous representation in which the statute of limitations is tolled while representation continues with a “continuing relationship of trust and confidence” and the joint understanding that more work is required and is…

Deep Woods Holdings LLC v Pryor Cashman LLP  2016 NY Slip Op 31077(U)  June 8, 2016  Supreme Court, New York County  Docket Number: 652886/2015  Judge: Saliann Scarpulla discusses the attorney-client privilege in the setting of joint representation.  This case is about the alleged failure to make a stock option call, and the loss of a…

Pieroni v Phillips Lytle LLP  2016 NY Slip Op 04618  Decided on June 10, 2016  Appellate Division, Fourth Department is an example of the “try-try-try again” school of litiagation.  The case arises from a car dealership gone bad against a big upstate corporate law firm which, in this case, represented Ford.

“§ 487 action against…

Continuing with a further look at s a legal malpractice decision in which the law firm settled the case, yet the matter continues on.  Here, in  QBE Ins. Corp. v Maloof, Lebowitz, Connahan & Oleske, P.C.  2015 NY Slip Op 32113(U)  May 13, 2015  Supreme Court, New York County
Docket Number: 600412/2010  Judge: Carol R.…