Matin v Chowdhury 2020 NY Slip Op 32491(U) June 18, 2020 Supreme Court, Queens County Docket Number: 701633/2019 Judge: Joseph Risi is the story of possible dual representation in the purchase of a franchise. Naturally something went wrong, and now there are claims and third-party claims of legal malpractice.
“Applying these principles to the…
Here, seller’s attorney is sued for a real estate transaction gone bad. The dispute was about title problems. In Jenkin v Cadore, 2020 NY Slip Op 03649 Decided on July 1, 2020
Appellate Division, Second Department, one important issue is that Plaintiffs did not use an expert affidavit in opposition to summary…
Real Estate claims fill a large part of the Legal Malpractice docket in New York. This is certainly not surprising, as real estate might be the largest economic engine for New York City, and there is certainly a lot of money moving around in the real estate market. Moncho v Miller 2020 NY Slip Op…
VPC Projects, LLC v Golenbock Eiseman Assor Bell & Peskoe LLP 2020 NY Slip Op 32069(U) June 2, 2020 Supreme Court, New York County Docket Number: 156097/2016 Judge: Margaret A. Chan was decided on the question of whether investigating insurance coverage for a nuisance complaint was part of the attorney-retention or merely a ministerial act,…
Legal malpractice cases frequently revolve around real estate, and almost as frequently around intra-sibling disputes. Wong v Yeung-Ha 2020 NY Slip Op 31832(U) June 11, 2020
Supreme Court, Kings County Docket Number: 505276/18, Judge: Karen B. Rothenberg hits both issues when a $14 Million estate consisting of Brooklyn and Hong Kong properties devolves into a…
A client walks into the office and tells you he was hurt. You discuss his situation, and tell him that you will not take the case. You hand him a letter saying you will not be taking the case. Can there be liability when he later discovers that he could have sued the City of…
Legal malpractice plaintiffs rarely get procedural wins. Fernandez v McCarthy 2020 NY Slip Op 03079 Decided on May 28, 2020 Appellate Division, First Department is an exception.
“Under the circumstances, we find that, although plaintiff delayed in seeking an extension of his time to re-serve the complaint, the motion court appropriately exercised its discretion when…
This is an attorney v. attorney case in which it is alleged that defendants withdrew from defending plaintiff in a disciplinary action and then engaged in a campaign to sully his name. Bearing in mind that plaintiff is both an attorney and pro-se, the outcome of this motion to dismiss is not particularly surprising. As…
Lawyers are, if nothing else, inventive. A claim against another lawyer is almost always subject to legal malpractice analysis, and with that, legal malpractice standards. Claims of fraud, breach of contract, breach of fiduciary duty, intentional infliction of emotional distress, libel, slander, prima facie tort, and even more. Nevertheless, courts almost always revert to the…
Litigators should read Garr Silpe, P.C. v Gorman 2020 NY Slip Op 31517(U) May 20, 2020 Supreme Court, New York County Docket Number: Index No. 650247/2017
Judge: Kathryn E. Freed and consider whether how to address the Court on the issue of “fundamental fairness.”
“”Under the doctrine oflaw of the case, the parties or those…
