Judiciary Law §487 is a really really old common law provision coming to us from medieval England.  Fraud on the Court has been happening since the first day a court was held anywhere.  They are similar, but have differences.   Tooker v Schwartzberg  2015 NY Slip Op 31620(U)
August 17, 2015  Supreme Court, Suffolk County  Docket…

How does continuous representation interplay with claims of fraud by attorneys? Hansen-Nord v Youmans  2015 NY Slip Op 31684(U)  September 1, 2015  Supreme Court, New York County  Docket Number: 651924/2014  Judge: Anil C. Singh  discusses the unusual situation in which an attorney and a law firm are accused of aiding and abetting fraud, but not…

Continuing to look at Tantleff v Kestenbaum & Mark  2015 NY Slip Op 06720  Decided on September 2, 2015   the Appellate Division, Second Department answers that discussion and a rational explanation for a decision may well make it strategic rather than negligence.

“Here, the cause of action to recover damages for legal malpractice accrued on…

Attorney gives advice to sign a certain tax document, and the result is additional or unnecessary tax liability.  When does the statute of limitations commence and under what circumstances might it be tolled?

Tantleff v Kestenbaum & Mark  2015 NY Slip Op 06720  Decided on September 2, 2015  Appellate Division, Second Department gives an answer…

Fidelity Natl. Tit. Ins. Co. v Smith Buss & Jacobs, LLP   March 17, 2015  Appellate Division, First Department is a reminder that behind many legal malpractice cases there lurks the hint that this was all fraud and not merely a mistake.

“The complaint alleges that the sponsor of 16 apartment units in a condominium development,…

Further analysis of Sitomer v Goldweber Epstein, LLP  2015 NY Slip Op 31541(U)  August 14, 2015  Supreme Court, New York County  Docket Number: 158325/13  Judge: Barbara Jaffe continues today on the issue of whether it is legal malpractice not to take an appeal for the client.  The retainer agreement tends to serve as the deciding…

Plaintiff was a well-0ff husband facing an upcoming divorce.  He retained attorneys well in advance of the proceedings and was girded for war.  Then, things fell apart.  How did this happen, and are the attorneys to blame?

Sitomer v Goldweber Epstein, LLP  2015 NY Slip Op 31541(U)  August 14, 2015  Supreme Court, New York County  …

The oft-repeated statement that legal fee actions invite counterclaims is amply demonstrated in Law Offs. of Ira H. Leibowitz v Landmark Ventures, Inc.  2015 NY Slip Op 06575
Decided on August 19, 2015  Appellate Division, Second Department where a lot of litigation, and an appeal has gone on regarding what appears to be a claim…