Legal Malpractice is an attorney’s failure to use minimally adequate levels of care, skill or diligence in the performance of representation of the client, causing harm. In New York, attorney malpractice is defined as a deviation or departure from good and accepted legal practice, where the client has been proximately damaged by that deviation, but
Legal Malpractice News
The Elusive Judiciary Law 487 Claim
Judiciary Las § 487 claims are widely brought, but remain elusive. Courts seem to want to reserve them for the most egregious situations, and will dismiss any number of cases that do not meet their catastrophic criteria. Gumarova v Law Offs. of Paul A. Boronow, P.C. 2015 NY Slip Op 05155 Decided on June 17,…
Several Important Lessons in a Workers’ Compensation – Personal Injury Legal Malpractice Case
A frequently recurring legal malpractice issue arises when one law firm handles a workers’ compensation case arising from a personal injury. One such example is Lindsay v Pasternack Tilker Ziegler Walsh Stanton & Romano LLP 2015 NY Slip Op 04819 Decided on June 10, 2015 Appellate Division, Second Department. There are three lessons to be…
So, It’s Actually a Legal Malpractice Case?
In a situation where one needs the program to know who the players are, Miuccio v Straci
2015 NY Slip Op 05101 Decided on June 16, 2015 Appellate Division, First Department appears to be a legal malpractice case. However, one needs to read well into the short opinion to gather that Plaintiff is suing Defendant…
Legal Malpractice Case Sputters to a Halt
Coccia v Liotti 2015 NY Slip Op 04801 Decided on June 10, 2015 Appellate Division, Second Department is a strange case. Mr. Liotti is a well known legal malpractice defendant. This legal malpractice case sputtered to a halt after Plaintiff successfully wiped out all of Mr. Liotti’s counterclaims for fees. We are perplexed.
“In 2003,…
Death and Money in the Legal Malpractice World
This case is the sad story of bad medicine, bad guardianships and death. Sutch v Sutch-Lenz
2015 NY Slip Op 04692 Decided on June 4, 2015 Appellate Division, Third Department. It starts off with medical malpractice, the death of a father-husband in a flight school training accident, success in the medical malpractice and a money…
The Rare Criminal – Legal Malpractice Case
Today, we will examine the criminal conviction – legal malpractice case from Plaintiff’s point of view. Dawson v Schoenberg
2015 NY Slip Op 04603 Decided on June 3, 2015 Appellate Division, Second Department is really a disheartening view of human interactions. It seems that everyone in this story was poorly treated.
From the decision on…
In This Legal Malpractice Case It’s One Defendant Or Another
Central Parking Sys. of N.Y., Inc. v David Rozenholc & Assoc. 2015 NY Slip Op 0926(U) June 3, 2015 Supreme Court, New York County Docket Number: 155526/13 Judge: Shlomo S. Hagler is a quintessential Manhattan story. While one does not think of driving and parking as a natural occupation of the Manhattan fauna, in this…
A Real Estate Deal Goes Bad. Is the Attorney to Blame?
Weinberg v Sultan 2015 NY Slip Op 30932(U) June 1, 2015 Supreme Court, New York County
Docket Number: 652273/2013 Judge: Cynthia S. Kern is the story of a building owner who let a valuable building on West 46th Street slip out of her hands after 40 years. Is the attorney to blame?
“The following facts…
Arbitration in Legal Malpractice Litigation
Many large law firm retainer agreements contain arbitration clauses. It is our guess that the law firms believe that respondent has the better hand in arbitration, that arbitration is costly and not particularly beckoning to Plaintiffs, and that arbitrators will be kinder to the law firm than would a jury. Arbitration clauses are enforceable, and…