Time passes quickly, and the right to sue can simply pass us by.  When time is running in statute of limitations terms, all can be lost, as it was in Yardeny v. Tanenbaum
Decided on October 28, 2015   2015 NY Slip Op 07834  Appellate Division, Second Department.

“he three-year statute of limitations on a cause…

The Appellate Divisions of New York are deluged with appeals. In the First and Second Departments, there are 20 appeals scheduled for oral argument every day.  In the general range of cases before the ADs, one sees a range of decisions.  Some are thoughtful, some summary but each has its own signals embedded.  In Esposito …

Ragunandan v Donado   2015 NY Slip Op 31957(U)  October 23, 2015  Supreme Court, Queens County  Docket Number: 12332 2012  Judge: David Elliot,  is a case which caused us some head-scratching.  Plaintiff was able to purchase a large number of real properties in Queens and rent them out.  How did she cooperate in letting it all…

Sure, it is easy to point out the shortcomings of professionals.  They waited too long, they argued the wrong point, they were not forceful enough, they issued an overly critical report which was unwarranted!  While most persons intuitively feel that identifying the shortcoming is the major part of the exercise, it is showing proximate cause,…

Bank hires accountants.  Accountants fail to file an extension.  Bank loses $ 2.5 Million in carry-back losses.  Seems simple, no?  Not simple.

In First Cent. Sav. Bank v Parentebeard, LLC  2015 NY Slip Op 31921(U)  October 13,   2015  Supreme Court, New York County  Docket Number: 653680/2014  Judge: Shirley Werner Kornreich we see a limitation of…

Disciplinary charges are not an uncommon event, but we have rarely read of self-destructive conduct as is set forth in Matter of Frelix  2015 NY Slip Op 07775  Decided on October 22, 2015
Appellate Division, First Department  Per Curiam.  The conduct brought a 5 year suspension (they hinted that disbarment was just avoided).  What is…

Attorneys have their own special obligations in handling financial matters for their clients.  When they are told to wire money to a third party, they have some obligation to check on the bona fides of the recipient. They may not blindly follow wrongful or fraudulent orders.  This is the reason we see summary judgment fail…

There are legal malpractice cases, and then, there are world-class multi-million dollar cases of legal malpractice.  Nomura Asset Capital Corp. v Cadwalader, Wickersham & Taft LLP  2015 NY Slip Op 07693  Decided on October 22, 2015  Court of Appeals  Rivera, J. is one of the latter types.  It involves commercial mortgage-backed securitization and this case…