A quick reading of KBL, LLP v Community Counseling & Mediation Servs. 2014 NY Slip Op 08581 [123 AD3d 488] December 9, 2014
Appellate Division, First Department leads one to ask, what did plaintiffs intend to prove, and had they considered the question of “proximate cause?”
“Defendant is a not-for-profit organization that provides services…
The social policy behind limitations on legal malpractice undoubtedly arises from the fear that after every litigation, whether commercial, personal injury, matrimonial or patent, there might be a legal malpractice case. Only strict rules (goes the fear) will keep this epidemic in rein. So, Courts routinely scrutinize legal malpractice cases more rigorously than they do…
Alksom Realty LLC v Baranik 2015 NY Slip Op 50869(U) Decided on June 9, 2015 Supreme Court, Kings County Demarest, J. is a case that touches two of the most relevant issues to a New Yorker, especially a Manhattanite, real estate and taxes. Looking at this story, one asks, how could this happen?
Plaintiff has…
In this Case Egnotovich v. Katten Muchin Zavis & Roseman LLP, 604101/06 , Decided January 23, 2008 ,Justice Bernard J. Fried
NEW YORK COUNTY ,Supreme Court Plaintiffs joined a vacation club in which they each deposited $ 400,000, and the group was to purchase or lease apartments or houses in prime vacatiion spots. These spots included…
Sabo v. Alan B. Brill, P.C., 7561-7561A, Index 100055/04 , SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT , 2006 NY Slip Op 221; Decided, January 12, 2006, This is a summary judgment dismissal of what appears to be a real estate transaction gone wrong. Both the attorney and the title company won dismissal.…
Here is an Illinois appellate case reported by the Illinois Legal Malpractice Blog arising from an action against General Motors where “the plaintiffs sued their former lawyers for malpractice, alleging that the lawyers were negligent when they failed to sue General Motors for strict liability of a manufacturing defect in a car the plaintiffs were in an accident in. After the defendants argued that proximate causation and damages elements could not be established because the plaintiffs’ successor lawyer successfully sued GM for strict liability the trial court dismissed the plaintiffs’ complaint, and on December 19, 2005, the Illinois Appellate Court affirmed this ruling.”
Continue Reading Illinois GM Legal Malpractice and Proximate Cause
1. Menicucci Villa & Assoc., PLLC v. Pickett, 2004-02339 , SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT , 2005 NY Slip Op 10103; December 27, 2005. AD affirms CPLR 3211[a][7] dismissal for attorney.
2. Nationwide Assoc., Inc. v. Epstein, 2004-06060 , SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT ,…
1. Ellsworth v. Foley, 1458 SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FOURTH DEPARTMENT , 2005 NY Slip Op 9871; Decided, December 22, 2005. Plaintiff lost medical malpractice and on appeal when it was determined that attorneys failed to make sufficient jury instruction request/objection. Nevertheless, Attorney malpractice action dismissed for failure to allege sufficient…
1. Smith v. Cohen, 7076 , SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT , 2005 NY Slip Op 9407; Decided, December 8, 2005, Entered. Plaintiff went to attorney A, who referred him to Attorney B for a personal injury case. Attorney A is dismissed, with no proof that he was retained by Plaintiff.…
Reported in the NYLJ today, [p.20, c.1]Reyes v. Leuzzi, Supreme Court, New York County. A decision by Justice Tolub dismissing a legal malpractice case on the basis that there was insufficient evidence that the attorney actually was retained by the plaintiff. Instead, the evidence indicated that the attorney accomodated the plaintiff by helping…
