We’ve taken a look at Saviano v Corniccelo  2015 NY Slip Op 31447(U)  August 3, 2015
Supreme Court, New York County  Docket Number: 153168/2014  Judge: Kelly A. O’Neill Levy for the question of statute of limitations.  Now, when might an individual sue when he has already given his rights over to an LLC ?…

Saviano v Corniccelo  2015 NY Slip Op 31447(U)  August 3, 2015  Supreme Court, New York County  Docket Number: 153168/2014  Judge: Kelly A. O’Neill Levy discusses how an individual commencing an action might toll the statute of limitations for an LLC which then joins in.

“Plaintiffs allege in their complaint that in or around September 2010,…

It is often said (one sees this in legal malpractice insurance applications and literature) that law suits for attorney fees will invariably trigger a legal malpractice counterclaim.  This perception tarnishes the legal malpractice field in general, yet it has merit.  Godosky & Gentile, P.C. v Brown
2015 NY Slip Op 31462(U)  August 4, 2015  Supreme…

Hahn v Dewey & Leboeuf Liquidation Trust  2015 NY Slip Op 31481(U)  August 3, 2015  Supreme Court, New York County  Docket Number: 650817/2014  Judge: Eileen Bransten is an example of how high-flying plaintiffs can lose a legal malpractice case through the passage of time.  The statute of limitations in legal malpractice highly favors the attorney,…

You’ve put together a nice sum of money, and now you want to buy that townhouse in Manhattan.  Surely, its the crown of real estate…unless you are unable to put a 5th story on top because the prior owners already sold the air rights.  So, you find out, and unfortunately, cancel the contract?  Not in…

On Friday we started to talk about a case in which a construction worker suffered electrical shock and fell 150″ to his death.  The professionals in the case won dismissal, leaving the land owner and others to defend their actions.  Today, we look at the land owner in Mulhall v Archdiocese of N.Y.  2015 NY…

When one looks back in retrospect, certain patterns might become clear.  Napoli Bern, a hugely successful mass torts firm has imploded.   Christine Simmons of the NYLJ writes:  “The feuding equity partners of Napoli Bern Ripka Shkolnik have engaged Mark Zauderer, a partner at Flemming Zulack Williamson Zauderer, to mediate their partnership dispute and adjourned a…

Judiciary Law § 487 is a unique common law claim reserved solely for attorneys.  In general, real deceit, and lots of it, is required in order to succeed. Brady v Friedlander  2014 NYSlipOp 06677
October 2, 2014  Appellate Division, First Department  is an example of a claim that was not robust enough to survive a…