There are several variants of potential legal malpractice in Butler v inSync Litig. Support, LLC
2016 NY Slip Op 50757(U)  Decided on May 4, 2016  Supreme Court, Nassau County  Brown, J.  The first is pled, the second is noted by the Court.  In short, Plaintiff retains Attorney.  More than one year, but less than three…

Payment of attorney fees is a subject most solemn to attorneys, and a subject of great exasperation to clients.  What happens if you are sued, hire a set of attorneys to defend you and then discover that you had insurance which would have provided a free defense and the attorneys failed to discover or push…

Anderson v Armentano  2016 NY Slip Op 03690  Decided on May 11, 2016  Appellate Division, Second Department is another telling of a sad but familiar story in which a Workers’ Compensation attorney allows the client to think that it is handling all aspects of the personal injury case, but is only handling the WC portion.  …

What happens when you have good claims, but fail to enunciate them in the original pleading?  One might guess that you simply file another pleading and include them?  Not that easy.  As Hustedt Chevrolet, Inc. v Jones, Little & Co.  2015 NY Slip Op 04611 [129 AD3d 669]  June 3, 2015
Appellate Division, Second…

Rochester: Harvey v Handelman, Witkowicz & Levitsky, LLP  2015 NY Slip Op 05794 [130 AD3d 1439]  July 2, 2015  Appellate Division, Fourth Department  is one of the first cases decided after Grace v. Law in which the question of a “likely to succeed” appeal is discussed.

“We note at this juncture that plaintiff has abandoned…

Yesterday, we looked at Burbacki v Abrams, Fensterman, Fensterman,  Eisman, Formatto, Ferrara & Wolf, LLP  2016 NY Slip Op 30749(U)  April 15, 2016  Supreme Court, Kings County
Docket Number: 509725/2015  Judge: David B. Vaughan and how bankruptcy affected plaintiff’s ability to litigate legal malpractice claims.

The situation was set off, in part, because of a…

Genesis Merchant Partners, LP v Gilbride, Tusa, Last & Spellane LLC   2015 NY Slip Op 31080(U)  June 16, 2015  Supreme Court, New York County  Docket Number: 653145/2014
Judge: Nancy M. Bannon  is a textbook example of how the statute of limitations is applied to a legal malpractice transactional case.  Defendant represented Plaintiff in series of…

Architect malpractice follows many of the same rules, especially in the calculation of statutes of limitation as does legal malpractice.  What happens when an architect (or an attorney) handles a limited task and finishes.  Later there are some problems, and the professional looks at the situation and works on a solution.  How does that change…