Clients suing pro-se took two appeals from the denial of a motion for a default judgment.  Second appeal, which ate up quite a bit of time was dismissed, since one may not appeal from denial of a motion to re-argue.  Sometimes, even when you are suing an attorney, it just makes sense to hire an…

As is true in a large percentage of legal malpractice cases, there is strong evidence that the attorneys departed from good and accepted practice (a “mistake”).  Here, in Iannucci v Kucker & Bruh, LLP   2015 NY Slip Op 51490(U)   Decided on October 7, 2015   Supreme Court, Kings County
Rivera, J., there are indications that Plaintiff…

This is a fairly simple and straightforward legal malpractice case.  Worker falls from a ladder while working on an electrical light during construction.  Law firm fails to sue the owner, which in this case is the Dormitory Authority of the State of NY.  Nevertheless, summary judgment fails for both sides.  Here is the story in …

Fleisher v Ballon Stoll Bader & Nadler, PC  2015 NY Slip Op 31855(U)  October 5, 2015 Supreme Court, New York County  Docket Number: 158302/2012  Judge: Joan M. Kenney is another iteration of how difficult it is to sue an estates (or in this case a Medicaid planning) attorney.  On its face, the case seems simple.  …

A successful criminal defense legal malpractice case is the rarest form of the species.  Meralla v Goldenberg  2015 NY Slip Op 01873 [126 AD3d 449]  March 5, 2015  Appellate Division, First Department  has everything that the criminal defendant needs.  As the Court of Appeals has repeatedly held, “In order to open the door for even…

We again look at Trapp-White v Fountain  2015 NY Slip Op 31835(U)  September 30, 2015
Supreme Court, New York County  Docket Number: 150719/2015  Judge: Donna M. Mills.

“Plaintiff is a native of Belize, residing in Suffolk County, New York. She entered the United States illegally in 1986, and soon thereafter the Immigration and Naturalization Service…

Trapp-White v Fountain  2015 NY Slip Op 31835(U)  September 30, 2015  Supreme Court, New York County  Docket Number: 150719/2015  Judge: Donna M. Mills is an unusual decision in the immigration – legal malpractice filed.  First, there are a number of interesting details that come from ICE and support plaintiff’s case, details which are rarely in…

More and more cases are resolved by summary judgment; the number of trials has plummeted over the past 15 years.  Practitioners have always given strong consideration to summary judgment motions, and must consider all arguments that can be made.  Here, in Pedote v Kelly  January 28, 2015  2015 NY Slip Op 00737 [124 AD3d 855] …