ENGLAND and MIDWEST GEMS, INC., -against- . FELDMAN and FELDMAN LAW GROUP, Defendants.11 Civ. 1396 (CM) UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK;  2011 U.S. Dist. LEXIS 36382;  March 28, 2011, is as good a primer in the general and substantive laws of legal malpractice as one might read. …

Here’s a fairly simple case.  Plaintiff signs a real estate contract with a mortgage contingency.  If she cannot obtain a mortgage she must give notice.  If she properly gives notice she gets her down payment back.  She hires attorney who negligently fails to give notice.  She does not get her down payment back.  Legal malpractice?…

One really can’t tell from the decision, but this appears to be a personal injury – motor vehicle case in NYC with a blown statute.  The decision in Greene v Sager   2011 NY Slip Op 50688(U)   Decided on April 19, 2011   Supreme Court, Kings County   Rivera, J. sets forth the various standards for a summary…

We think there is.  It’s hiding inAccess Point Med., LLC v Mandell ;2011 NY Slip Op 30866(U)
April 8, 2011 Supreme Court, New York County Docket Number: 102082/2010

Here is how it goes.  Generally in legal malpractice or in breach of fiduciary duty the statute of limitations begins to run on the date…

We think that plaintiffs should have been on notice when they were asked to do business with Bill Kidd, but even his name was not a tip-off.  Here’s what happened.  Kidd invested $5 million to start a low-cost durable medical equipment business that was dependent on getting cheep materials from China.  He hired Troutman and…

How does one prove that the settlement was not good enough, given the circumstances? How does one prove that had this or that taken place, that Husband would have paid less, and more to the point, how does one prove that Husband was the victim rather than the beneficiary of the settlement?  It’s all in the…

Win Hay LLC v Chin ; 2011 NY Slip Op 02801 ; Decided on April 7, 2011 ; Appellate Division, First Department is an example of the most informal type of arrangement between an attorney and a client.  Client paid the attorney, who "forwarded" the fees to another attorney.  This informal type of relationship is unusual…

Guayara v Harry I. Katz, P.C. ; 2011 NY Slip Op 02845 ;Decided on April 5, 2011 ;Appellate Division, Second Department  is a relatively straightforward legal malpractice case involving multiple defendants.  Is a claim that defendants knew of a judgment won by plaintiff and failed to tell her of methods by which she could…