What are fictitious profits, and how do they affect damages in accounting malpractice.  Accounting malpractice is akin to legal malpractice, especially in that economic damages are paramount.  Fictitious profits cannot serve as the source of actual damages.  So, in Delollis v Margolin, Winer & Evens, LLP  2014 NYSlipOp 06935  October 15, 2014  Appellate Division, Second…

It’s not often that a civil litigant in State Court can wind up with the US Attorney and some of the bigger defense firms in NY arrayed against her.  However, Ms. Lipin seems to have angered State Supreme Court, the Appellate Division, and possibly US District Court too. Lipin v Danske Bank
2015 NY Slip…

What could be more Manhattanite than the combination of a Central Park South double apartment, a real estate legal proceeding, lots of money and legal malpractice?  Nothing that we can conjure.

Russo v Rozenholc  2015 NY Slip Op 06029  Decided on July 9, 2015  Appellate Division, First Department is about tenants who had a lovely…

Lawfirm signs on to represent plaintiffs and a “liaison for plaintiffs” in an ongoing legal malpractice and fee dispute action, and do so for about 6 months until they are disqualified due to a “conflict of interest in representing both the plaintiffs” and the liaison.  Plaintiffs then go on to sue Lawfirm for legal malpractice…

This legal malpractice case, which is based upon tax advice may eventually lead to the largest legal malpractice settlement of the year, and perhaps, of the decade.  Overseas Shipholding Group, Inc. v Proskauer Rose, LLP  2015 NY Slip Op 05772  Decided on July 2, 2015  Appellate Division, First Department deals with damages not in the…

Plaintiff is an inmate and commenced a legal malpractice action in connection with the attorneys’ handling of a federal civil rights trial.  In New York service of process is mired in ancient practice, and few really understand how to serve a summons and complaint.  Plaintiff appears not to have understood that service upon a defendant…

Leonard Global Macro Fund LLC v North Am. Globex Fund, L.P.  2014 NY Slip Op 32393(U)  August 29, 2014  Sup Ct, New York County
Docket Number: 150346/13  Judge: Nancy M. Bannon illustrates the principal that standing by and waiting to sue may lead to a successful statute of limitations defense.  For the most part actions…

Borges v Placeres  2014 NY Slip Op 08910 [123 AD3d 611]  December 23, 2014  Appellate Division, First Department is a description of how a legal malpractice trial was lost by the defendant attorney.  There are some rules unique to the legal malpractice sphere, and failure to utilize them can have substantial consequences.

“Defendant’s motions to…