Legal malpractice is ubiquitous, and yet, prone to many hurdles.  Here, in  HOURANEY,  -against- BURTON & ASSOCIATES, P.C. and BERNARD BURTON,08-CV-2688 (CBA)(LB);   UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NEW YORK; 2011 U.S. Dist. LEXIS 17046; February 21, 2011, Decided we see the plaintiff pro-se lose on summary judgment for lack of standing…

Mortgages have been with us since the middle ages.  One might not expect a legal malpractice case to arise over the filing of a garden or varietal mortgage, yet…

In U.S. Bank Natl. Assn. v Stein ; 2011 NY Slip Op 01457 ; Decided on February 22, 2011 ; Appellate Division, Second Department we see…

Attorneys can easily be substituted in and out of cases, and personal injury matters are no exception.  When client goes from attorney 1 to attorney 2 to attorney 3 the outlook for the case may sometimes be good, and in this case bad.  Client was involved in a car accident, and hired attorney 1 to…

"Medicine is an art and not a science" is a phrase heard at every medical malpractice case, often in summation.  This is a folksy restatement of the judgment principal.  In law it’s slightly different.  An attorney may not be held responsible in legal malpractice for a choice of reasonable strategy, even when its a loser. …

This would be the place for a witty take-off on an American Express ad, playing off the "Don’t leave home without…"  This however, is a story of how a foreclosure case started, went to judgment, and then unraveled.  Attorneys are found to have violated professional standards, and American Express has no attorney in the fight. …

A French artist wants to buy an apartment in New York for a studio and living space. So far, this could be the start of a fairy tale in which the artist comes to NY, works hard, triumphs,  etc.  But, this real estate transaction soon turned to legal malpractice litigation.  One reason for the problems…

Jousting with the landlord over rent stabilized apartments is a uniquely NYC type of activity. Violations of the rent-stabilization laws may lead to treble damages, and tenants routinely litigate over the actual v. statutory rent, whether there has been an illegal rent increase, and over violations.

Here, in Kyle v. Heiberger, NY Slip Op 32409(u)…

The decision doesn’t tell us in what capacity the attorneys represented the client, but they are now in suit over legal fees, with a legal malpractice counterclaim. As we read this case, we wondered whether the time and effort was worth it. Will there ever be a collection of fees?

in Bender, Jenson & Silverstein, …